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According to Colorado Law, Restraining Orders or Protective Orders are issued to prevent one person from having any sort of contact with another person.  This can be for several reasons including the threat of Domestic Violence and the threat of damaging a business. 

The scope of Restraining Orders is very wide and, in fact, subject to quite a bit of controversy.  Colorado Law disallows any form of direct, indirect, or even accidental communication emanating from the person against whom the Restraining Order has been filed.  Thus, even if a man accidentally walks past his wife in the mall, and she has had a Restraining Order served against him, he is in violation of the law and faces criminal charges. 

Restraining Orders are quite comprehensive and even extend to the social circle of the person who is seeking the order.  If a wife has a Restraining Order served against her husband, he is prohibited from visiting places where she frequents.  He is not allowed to have any contact with her pets or her property.  The law recognizes that there are many forms of abuse, and not all of them are physical. 

Temporary Restraining Order

A Temporary Restraining Order (TRO) is issued by a judge after a complaint has been made and filed in court.  This is a stepping stone to a Permanent Restraining Order (PRO).  The main point to remember when dealing with a TRO is that it is not enforceable unless it has been personally served to the person against whom it is taken out.  This can be done by a process server or a sheriff. 

The date for the hearing for a Permanent Restraining Order will be mentioned on the TRO.  On this date, the defendant can contest the order and give his or her reasons why the order must not be made permanent.  If the plaintiff is not present, then the initial order is null and void. 

Emergency Protection Order

Emergency Protection Orders (EPO) serve the same purpose as TROs except that they are issued when the courts are closed for regular business.  Due to the potentially volatile nature of the situation, a judge can issue the order by telephone on the verbal evidence of a peace officer who makes the case of the EPO. 

The EPO remains in effect only up to the point of the closing hours of the next working day of the court.  The EPO will be written and signed by the officer who has made the request and it shall be served on the defendant.  However, the law states that even the knowledge of such an EPO possessed by the defendant means that the order is in force and any violation of the orders is a crime. 

Hiring A Competent Clawson & Clawson, LLP, Attorney

There are many facets to Restraining Orders, many different situations under which they can be served and many different types of documentation and procedures that need to be complied with.  To properly serve a Restraining Order or defend yourself against one, call our Clawson & Clawson, LLP, attorneys now.  Our team of attorneys is very experienced in all types of Colorado Restraining Orders, and we understand what must be done.