Wheat Ridge Domestic Violence Lawyers
In Colorado, protective orders can be used as both a shield and a sword. For victims of domestic violence, a protective order offers a shield from violence and threats of violence from spouses and other family members. However, a vengeful spouse can use a protective order as a weapon to gain the upper hand in a divorce dispute.
At Pearman Law Firm, P.C., our attorneys represent both people in need of protection, as well as the accused, in Wheat Ridge, Lakewood, Arvada and other communities in the Denver metropolitan area.
How Protective Orders Work
Anyone who feels that he or she is in physical or emotional danger or are being harassed can seek a temporary protection order on an ex parte basis. Ex parte means that the other party does not have to be present and a judge can grant the order based on your word alone. The person subject to the protective or restraining order will be barred from calling, driving by, threatening or otherwise contacting you.
The temporary protection order is good for as long as 14 days when there will be a hearing to determine whether it should be made permanent. One reason to get an attorney’s help is to ensure that you testify before the court as to the proper grounds to make the restraining order permanent. The accused has a right to defend himself or herself at the hearing.
If You Are Falsely Accused Of Domestic Violence
If someone obtains a temporary protective order against you, you should contact a lawyer as soon as possible. A protective order can affect you in many ways. If you were living with the victim, you can be kicked out of your home and your gun rights can be taken away. If you have children, your custody and visitation rights can be adversely affected.
If you violate a protection order, you will face criminal charges even if the protection order was temporary.