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What a restraining order can do

Colorado residents who find themselves accused of domestic abuse or violence charges may end up having restraining orders placed against them. Defendants in these situations should educate themselves about exactly what power a restraining order has. Lack of full knowledge could inadvertently lead a person to violating the terms of an order. If this happens, additional consequences may exacerbate the situation.

According to the Equal Justice Foundation, people in Colorado should know how easy it actually is to obtain a restraining order against someone. In fact, a person wishing to restrain another person needs only to allege that violence or abuse has taken place. The plaintiff does not need to show any sort of proof whatsoever. The alleged abuse may take the form of physical violence, emotional abuse or even the threat of abuse.

Once granted, a restraining order has far-reaching power. It can bar a person access to a home, a job and even one’s own children. An active restraining order also prevents a defendant from having any contact with a plaintiff—even if contact is initiated by the plaintiff. That means a person who files for a restraining order can call, email or text the person that the order is against and any response on the part of the defendant can be construed as a violation of the order.

The Colorado Judicial Branch indicates that the removal of a permanent protective order may be possible but only if no conviction was eventually achieved. In addition, defendants must complete a designated waiting period before applying for the removal of a restraining order.

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Law Offices of Michael T. Nolan, Jr.
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