W
hat to Know about Restraining Orders Imposed for Domestic Violence Charges
Domestic violence offenses are taken very seriously in Colorado and protective orders or restraining orders are issued to ensure the safety of the victim in most cases. The restraining order is a court order issued to the accused, telling them to stay away from the victim, expressly forbidding them from threatening or even communicating with the victim. Typically, the restraining order is issued by a judge and it outlines what the accused is NOT supposed to do for the duration over which it remains in force.

Persons who can get a restraining order

Any adult in Colorado who is related by marriage or by blood to the individual accused of domestic violence is entitled to get a restraining order against the latter. Ex- spouses are also included in this list. The law also permits individuals to get a restraining order against an abusive partner with whom they currently live or have lived in the past or with whom they have had a child. The law permits either party to an ‘intimate relationship’ to apply for and get a restraining order against the other.

The impact of a restraining order in a domestic violence case

Restraining orders are a common response that follow a domestic violence charge. The protective order is a mandatory requirement in criminal proceedings. When domestic violence charges have been brought against the accused and a restraining order issued, the court can order the defendant to stay away from the victim’s residence or place of work, to avoid all direct or indirect contact with them. In addition, the accused should not possess any firearms or consume (or possess) alcohol or controlled substances. These conditions remain in force until the accused is acquitted of all charges or until a sentence has been announced and it has been completed.

Knowing your rights in such situations gives you the ability to safeguard your rights fully. Talk to our expert Colorado domestic violence attorneys to know more about restraining orders and how they can impact you.

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