As the above article sets forth, domestic violence in the Denver area is on the rise. Society’s stressful environment is flooding into the homes of our fine citizens.
How can one protect themselves against that thin emotional line of love and hate ……. and violence.
Colorado has procedures in place to obtain Emergency Protection Orders, Temporary Protection Orders and Permanent Protection Orders (which last up to 4 years).
Any person who is in the state of Colorado can request an Emergency Protection Order. There are no venue requirements to obtain the same.
In order to obtain a Temporary Protection Order, one must file the same in the county where the acts occurred, where one of the parties lives or where one of the parties works.
The moving party must demonstrate that an imminent danger exists to the person or persons seeking protection. The Court shall not deny a Protection Order because of the length of time between an act of abuse or threat of harm and the filing of the petition for a protection order.
If the Court grants a Temporary Protection Order, the court must set it for hearing within 14 days. The moving party is required to serve the Temporary Protection Order on the Respondent.
At the hearing to determine if the Temporary Protection Order shall be made permanent, the Petitioner must prove by a preponderance of the evidence (51%) that the Respondent has committed acts constituting grounds for the issuance of a civil protection order and that unless restrained, will continue to commit such act or acts designed to intimidate or retaliate against the protected person. A finding of imminent danger to the protected person is not necessary for the issuance of a Permanent Protection Order.
Further, the Court can address temporary issues such as care and custody of the minor children of the parties and/or enter a Temporary Injunction prohibiting the Respondent from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation or child care. Further, the Court can restrain the Respondent from disposing of personal effects and real property.
If you are in danger of domestic violence, the Courts of Colorado are here to protect you.
Please contact the Domestic Team at Feldmann Nagel Cantafio Margulis, PLLC for help obtaining a Protection Order or for any of your Family Law needs.