The protective order can be issued to any person who has been married to you or is a blood relative, any individual who has lived or still living with you, or to any individual with whom you’ve had a serious, intimate relationship. A protective order can also be referred as a restraining order, a protection order, a civil restraining or protective order, a no-contact order or an injunction.
options that you have in a situation like this, you can get in touch with a law firm in Denver that is experienced in handling domestic violence cases. Here we will have a brief look at the various steps involved in applying for a protection order.
If you think you have been subjected to domestic violence, then under the state laws of Colorado you can apply for a protective or restraining order. To know about all the legal
Get all the Required Forms
First and foremost, you need to visit an appropriate district or county court and get all the forms needed to apply for a civil protection order. The word “appropriate” here indicates a county or district where you work or live, where the defendant works or lives, or where the said abusive incident has taken place. You need to go to the district court if you’ve previously filed for custody or divorce with the individual you wish to file against the order.
If you are wondering about what are the various forms that you need to fill up, you can ask for help from professional DV lawyers who are practicing in your locality. For example, if you live in Arapahoe County, then the Arapahoe County domestic violence lawyers can help you with your queries.
Fill out all the appropriate forms
Fill out the forms carefully with the correct information. Remember that you are the “petitioner” here and the abuser is the “respondent”. Provide with the following information in the forms:
• The county in which you work or live and the county in which the abuser works or lives;
• If you want any children to be protected by this restraining order, you need to provide with their names and birthdays;
• A description of the incident stating what took place and when; you will need to state why you’re applying for a protection order;
• You will also need to state what kind of protective order you are seeking; here you need to mention if you want the abusive individual to stay away from your home, to not get in touch with you at all, or contact you only in specific ways.
While filling out these forms, make sure to include detailed description of all facts associated with the incident of domestic violence that you’ve been subjected to. If you want the court to provide you with a temporary or ex parte protection order, do not forget to state why you are seeking it. If you do not understand any part of the form, ask your lawyer about it instead of filling up that part wrong. Write about the incident of violence that happened more recently. Be specific in your description and include dates and other important details.
Get the verified motion for protective order as well as affidavit regarding the children in the presence of a notary
A notary public or court clerk must bear witness to your signing of the verified motion for protective order and the affidavit regarding children. You can bring the completed but unsigned forms to the court and get them all signed in front of a clerk. Alternatively, you can bring the same to a notary public who will bear witness to you signing the papers in exchange for a small fee. The judge may ask you questions about your petition while reviewing it. The judge will decide to grant or not to grant you a temporary or ex parte protection order. If you are granted a temporary protection order, a written copy of it will be issued to you and to the abuser. You might need additional copies depending on the situation.
Service of process - The abusive individual should be presented a copy of a verified motion for a protective order as well as a temporary or ex parte protection order, in case one is granted prior to the date of hearing. You can ask an authoritative figure like the local sheriff of the county the abuser is staying in to serve him. You are not liable to be charged for asking a sheriff to serve a protective order. Once the service is completed, the person who has completed the service needs to fill out the certificate of service, get in signed before a notary return it to you. You need to make a copy of this document and bring the original to the court hearing. It is a very important document that proves that the abusive individual was served with all papers from your end in case he does not show up in the court.
The Hearing - You need to appear for your scheduled hearing to get the permanent protection order. The date and time of this hearing will be provided in your temporary protection order. In case you fail to show up, the current temporary protection order will expire automatically. Also, a failure to show up for the hearing may make it difficult for you in the future to get one. There can be a number of outcomes of the hearing, depending on the dynamics of an individual case. You may also have a contested hearing wherein both you and the defendant will need to present evidence such as photographs and witnesses to prove the strength of your case. After this hearing, the judge will make the decision on whether or not to grant a permanent protective order.
Consequences of domestic violence conviction can be severe , its better to take expert lawyer advice than fighting alone.