Restraining Orders

Restraining Order Representation

I.       Experience in assisting protected and restrained persons 

II.      Don't let the expedited process for protective orders catch you by surprise. 

III.     Do not go to your restraining order hearing unprepared! 

IV.    Effects of a Permanent Restraining Order 

V.     Using Alternative Dispute Resolution for PRO's 

I.    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.

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II.    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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    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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IV.    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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V.    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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