Civil Restraining and Protection Order Attorney in Greeley
The difference between a criminal restraining order and a civil restraining order lies in the perceived danger to the alleged victim, and the permanence of the order. Criminal restraining orders expire once your case is over, while a civil order is permanent. Understanding this difference, and contacting an experienced civil protection and restraining order attorney in Weld County is vital to your freedom.
Restraining Orders Are Lethal to your Future
Many alleged victims obtain civil protection orders in Greeley, Windsor and Fort Lupton. Unfortunately, a civil protection order does not expire when you are found not guilty in your criminal case. A criminal case is not even required for issuance of a civil protection order. Anyone can apply for one, despite their motive. Many judges grant this permanent order out of fear that they will be blamed if something happens to the alleged victim. This is often done even when the statute’s requirements are not met.
What are the Requirements for a Civil Protection Order?
In order for a judge to issue a civil protection order in Sterling, Fort Morgan, or Brighton, they are supposed to require proof of the existence of “imminent danger” to the person requesting the restraining order. “Imminent danger” refers to the life or health of the alleged victim. The process for issuing this type of order is extremely unfair:
- The person who requests the order appears in court alone
- The judge hears their side of the story first; no one is there to present the other side of the story
When it is first issued, a civil restraining order is temporary; a hearing will later convene to decide whether or not it is necessary to the life of the alleged victim to make the order permanent.
Why You Need a Civil Protection and Restraining Order Lawyer
When you appear at the permanent hearing, you will be allowed to bring in witnesses for your defense. You must be fully prepared. The purpose of this hearing is for the judge or magistrate to decide:
- If the allegations against you are true.
- Whether or not you need to be permanently restrained to prevent violence against the alleged victim.
Unfortunately, the judge or magistrate has already heard the allegations against you, and may be biased. You need an experienced and passionate civil protection and restraining order attorney in Weld County to fight hard for you, and remind the court of the proof that is required for the issuance of such an order. Often, the judge issues the order to be on the safe side. They forget, however, that civil restraining orders can ruin innocent people’s lives by limiting (or forbidding) contact with children, ruining jobs by not allowing people to go to work, and taking away their right to own firearms.
Our Experience at Fighting Civil Restraining Orders
Having an experienced attorney present at your permanent hearing is essential for your future. Don’t end up with a limited life because the judge decided to play it safe. We have been fighting against unfair civil protection and restraining orders in Weld, Morgan and Logan County for many years. We know how to convince a judge to apply the law and not play it safe and issue an unfair order to protect your accuser from “possible” harm.