Greeley Protection
Orders Attorney

Bruno Lilly LeClere

If someone is being harassed, stalked, threatened, or intimidated, they can seek a protection order from a judge. A protection order, or restraining order, is a judicial order to cease all contact with an alleged victim.

Protection orders are commonly seen in domestic violence cases, though anyone could seek a protection order if they fear sexual violence or physical injury. If you are subject to a protection order, you must follow the conditions of the letter, otherwise, you risk getting picked up and sent to jail. At Bruno Lilly LeClere, our Greeley protection order attorney can help anyone seeking an order or trying to fight one off.

What Are the Different Types of Protection Orders?

In Greeley, someone could receive one or many of the following types of restraining orders:

• Temporary restraining order
• Permanent protection order
• Emergency protection order
• Criminal restraining order

Temporary Restraining Orders

A person can seek a temporary protection order by filing appropriate paperwork in court. In these documents, an alleged victim will identify their abuser and explain why they need an order of protection. The alleged abuser usually doesn’t have a chance to respond.

A judge will issue a temporary restraining order if they find the person seeking protection is in imminent danger. When issuing the order, the judge should schedule a hearing to determine whether a permanent protection order is warranted. The alleged abuser has a chance to respond at the hearing and must receive a copy of the verified complaint and possibly other documents. The temporary order is good only until the hearing for a permanent order.

Permanent Protection Order

As the name implies, this order is permanent and lasts until a judge dissolves it. Many alleged victims seek a permanent protection order to limit the contact they have with their abuser going forward. These restrictions can include limits on contact. A judge might also require that an alleged abuser enter rehab or seek other treatment.

Judges do not automatically grant permanent protection orders. Instead, the person seeking the order must show that it is necessary. The person subject to the order also has a chance to respond and can bring in witnesses and other evidence.

Emergency Protection Orders

These are like temporary protection orders. However, these are issued when the courts are closed. Colorado Revised Statutes § 13-14-103 provides that a peace officer can issue an emergency protection order if they believe a person is in imminent danger of abuse or violence.

Criminal Restraining Orders

Unlike the orders above, a victim does not have to seek a criminal restraining order. Instead, it is issued as part of a criminal case, usually when a criminal defendant is arraigned in court. Criminal restraining orders prevent criminal defendants from harassing victims and witnesses. These restraining orders are usually part of a defendant’s bond.

How Do Restraining Orders Work?

A restraining order contains a list of things the person subject to it can’t do. Some common conditions include:

• Limiting or preventing the alleged abuser from contacting the victim or the victim’s family in person, over the phone, or by use of social media.
• Requiring that the alleged abuser stay away from the victim’s place of work.
• Forcing the alleged abuser to surrender firearms or other weapons.
• Requiring that the alleged abuser moves out of the house.

Any violation of these conditions can qualify as a crime, and the police can make an arrest. As a penalty, they could pay thousands in fines or even go to jail.

If you are subject to a protection order, you absolutely must follow it closely. Contact an attorney if you have any questions about whether an action you take could violate the order. Any violation could make your situation worse.

Can You Remove a Protection Order?

We receive this question a lot. Often, a couple gets into a fight and one of them seeks a protection order against the other. Now they want to get back together. Can they remove the protection order?

It’s possible. But realize that a judge can only remove a permanent protection order. You can’t simply decide for yourself that you don’t need the order anymore. If it is still in effect, a person can be arrested for any violation and be charged with a crime. Seek a lawyer’s help to get a protection order removed.