In a divorce and family law situations, emotions can easily overtake reason causing one or both parties to lash out at each other. This is quite common, but it can complicate legal proceedings in many ways. To prevent harm from coming to either party involved in a family dispute, courts will often issue protective orders.
A protective order is any order issued by a court that is designed to protect a person from harm or harassment. For example, it can be used to protect a witness from unreasonable requests during the discovery or deposition process. In other instances, it can be used in domestic violence situations where one party is the abuser. In situations like this, the police will often give the victim an Emergency Protective Order. The EPO is valid for a short period of time, generally from three to seven days, and gives a victim the opportunity to put a longer term protective order in place.
Protection orders are sometimes known as restraining orders, depending on the jurisdiction. In some states, restraining orders have the same power as protective orders. In other states, they do not.
A protection order is generally not a one-size-fits-all and different provisions can be added depending on the circumstances.
Some of the more common provisions include a No Contact Provision, which prohibits the abuser from having any contact with the victim, including no calling, texting, stalking, talking or disturbing the victim in any way. A Stay Away Provision means that the abuser must keep a minimum distance at all times from the victim. Provisions vary by state and circumstances, but it is almost always at least 100 yards as a minimum distance. A Firearms Provision requires the abuser to surrender any and all firearms in their possession and prohibits them from buying new ones. Less onerous is the Peaceful Contact Provision which allows the abuser to peacefully make contact with the victim on a limited basis and only for certain reasons, such as childcare and visitation issues.
Violating protective orders can lead to some serious penalties, especially when violators are charged with a felony, which can happen in some serious situations. Other times, a violator may only be charged with a misdemeanor or contempt or court.
Faletti Law Office focuses on family law, tax law, bankruptcy and estate planning for clients in Bloomfield and the surrounding Colorado communities of Arvada, Westminster, Northglenn, Commerce City, Erie, Brighton, Lafayette, Longmont, Firestone, Thornton, Adams County, Jefferson County and beyond.