Restraining Order Representation
Experience in assisting protected and
restrained persons
Kurtz & Peckham represents parties on either side of a civil restraining
order case in order to ensure that the court hears all the relevant evidence and
protect the rights of our clients.
Our clients include:
- victims of domestic abuse, stalking, and elderly abuse
- persons against whom a restraining order is unjustly sought by
neighbors, co-workers, family members, and former partners.
Don't let the expedited process
for protective orders catch you by surprise
Colorado's county courts may issue protective orders against perpetrators of
various forms of abuse. See Colo.Rev.Stat. § 13-14-102.
Temporary Restraining Orders (also called "TRO"s) are issued speedily in most
situations where an individual has been physically abused or fears an imminent
threat of harm.
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Do not go to your restraining order
hearing unprepared!
Whether you are seeking a restraining order or defending yourself against
one, you have the right to a full evidentiary hearing in the county
court, including cross-examination and the right to compel the attendance of
witnesses by subpoena.We can effectively challenging the credibility of witnesses, admit documents
into evidence, and argue your case persuasively.
You also have the right to appeal a final decision to the District Court.
If you fail to appear at the hearing as a defendant, the restraining order
will automatically be made permanent.
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Effects of a Permanent Restraining Order
A restraining order can be a valuable tool for victims of abuse or
harassment, especially when combined with other community resources.
A restraining order:
- sets clear boundaries
- puts the perpetrator on notice that contact or certain forms of behavior
are not acceptable
- puts law enforcement and courts on notice about possible patterns or
history of behavior.
If the court makes the TRO permanent, it can have a serious impact upon a
Restrained Party's opportunities for employment and other areas of life.
All permanent protection orders are entered into a computerized central
registry maintained by the Colorado Bureau of Investigation.
A violation of a restraining order is a Class 2 misdemeanor that could result
in jail and/or a fine. See Colo.Rev.Stat. § 18-6-803.5(2)(a).
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Using Alternative Dispute
Resolution for PRO's
The issuance of a Permanent Restraining Order against a party is not always
an ideal solution for all parties seeking protection.
Our clients have come to us seeking other ways to get an assurance from
another party that contact or communication will not continue. This goal can be
achieved through a variety of means.
Let us represent you in reaching a compromise, if that is your goal. We are
experienced at communicating with opposing parties and their counsel, in a
considerate and professional manner.
Whether you are in need of a restraining order or are threatened with one,
please feel free to call Kurtz & Peckham at 303.893.3045 for a complimentary
one half hour initial consultation with an experienced attorney.
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