What you Need to Know about Protection Orders
The press took a recent interest in protection orders when facts came to light regarding allegations of abuse against White House aide, Rob Porter. Though vehemently denying allegations made by his former wives, a copy of a Virginia protection order filled out by Jennifer Willoughby tends to suggest otherwise. In her statement, Ms. Willoughby claims Mr. Porter refused to leave her apartment. He did ultimately leave, but returned the next day and punched in the glass on the front door. He only left after Ms. Willoughby called the police. Mr. Porter resigned from his position at the White House on February 7, 2018.
Colorado Civil Protection Orders
Like Virginia, Colorado provides options for people seeking to prevent unwanted contact. Anybody can file a civil protection order in the local county court. If a judge finds that the civil protection order alleges behavior consistent with domestic violence, stalking, sexual assault, unlawful sexual contact, abuse of the elderly or at-risk adult, or physical assault/threat, the judge will issue a temporary protection order. The temporary protection order will then need to be served upon the restrained party. The judge sets the case for a hearing on the protection order to decide if the protection order should be made permanent. The judge does not have jurisdiction to extend the temporary protection order, but the parties can mutually agree to extend the temporary protection order up to one year.
Restraining Orders
Civil protection orders often get confused with restraining orders. A restraining order is attached to a pending criminal case. If someone is charged with a crime involving domestic violence or assault of another person, the victim of that crime will be protected by a restraining order which issues automatically. The victim can request to modify the restraining order, but the judge, listening to the victim’s request and the prosecutor’s input, has the ultimate say as to whether the restraining order is lifted or modified.
Georgina Melbye, an Aspen lawyer at Kalamaya | Goscha law firm, has represented people who wish to bring a civil protection order action and those who have been served with civil protection order paperwork. If you are involved in any situation involving a civil protection order or a criminal case, Georgina can help guide you through the legal complexities.
Kalamaya | Goscha is a Colorado law firm specializing in child support, child custody, personal injury, DUI and criminal defense with offices located in Edwards, Glenwood Springs and Aspen.