In Colorado Springs, a civil restraining order is first granted with a temporary restraining order. This will then result in a court date which will determine if the restraining order is to be permanent or continued. A restraining order is not to be used or taken lightly, either. If you are being restrained or are the person requesting the restraining order, there are key points to understand, such as consequences, processes and purposes.
A restraining order is not meant to cut people out of your life that you simply don’t want to interact with. It cannot be used as a buffer to avoid people and situations that you would rather not deal with. Restraining orders are meant to create safety for everyone involved. Most commonly, restraining orders are requested due to:
Domestic abuse or violence
History of assault
Threatened bodily harm
On top of the above situations, you must be able to prove exactly why a restraining order is necessary for your protection. The party seeking protection must be able to prove and provide the following information:
List of issue(s) and reason(s) that a restraining order is necessary
Where the person seeking protection resides
Where the person seeking protection works
If the parties have minor children, an affidavit will also be necessary
The most recent incident of abuse, stalking, etc. that occurred
The most serious incident of abuse, stalking, etc. that has occurred
All past incidents of abuse, stalking, etc.
Any current protective orders in place of the same party
If you feel as though you are being wrongly accused of a restraining order, it is extremely important that you seek an experienced attorney’s guidance as soon as possible. A restraining order is no light accusation. Your name will appear on all police registries, you will not be able to own a gun, you potentially risk never having custody of your children again, it may prevent you from finding work or keeping a job, and more.
To best protect yourself and your family, do not hesitate to file for a restraining order if you and your family are in danger. Many people feel as though restraining orders will only make matters worse. However, restraining orders are in place to protect you and your family, above all else. If you are being abused, stalked or assaulted in any way, do not hesitate to seek an attorney’s professional help in filing for a restraining order. Kinnaird Law has experience in Colorado restraining orders and can and will help you and your family seek the peace of mind that you deserve. Schedule a free consultation or for questions about our services, please give us a call today.