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domestic abuse, restraining orders, restraining order, temporary restraining order, permanent restraining order, injunction, emergency protective order, TRO, PRO, EPO, child custody, domestic violence, criminal defense, Colorado Springs, Colorado, El Paso County, courts, court, lawyer, attorney
The phrase injunction and restraining order may be used interchangeably. A restraining order is a court order which prohibits certain behavior. In domestic restraining orders, the person restrained is ordered to stay away from the protected person, usually by 100 feet, and to stay away from the protected person's residence and place of employment, and perhaps children. If violated, sanctions or criminal charges may result. Put another way, restraining orders are powerful and should be sought only when warranted by a factual basis of violence or immediate danger of violence which places the protected person in reasonable fear CRS
13-14-101 Statutory Definitions.
Civil Law - Injunctions
Proceedings may be initiated for a restraining order on the basis of domestic
abuse. Counsel may become involved in 3 circumstances, and the attorney's
role will vary. Restraining orders can be obtained if there is a factual basis of abuse, violence or immediate danger of violence which places a person in reasonable fear. A restraining order is a court order that tells the restrained person to stay away from the protected person or perhaps children. Restraining orders are powerful and can have quite serious additional consequences to the restrained person. I will seek only when a factual basis warrants.
Abuse Occurrence. Domestic abuse or domestic violence can occur in
any gender, race, social or economic background. If this is a factor in
your life (perpetrator or victim), stop the abuse now. Assistance is
available. Abuse Reporting. By law, domestic abuse or child abuse reported to medical, therapy, social work or school professionals must be reported by them to the El Paso County Department of Human Services (DHS - fka DSS)) or law enforcement. Your attorney may not disclose abuse without your consent based upon the attorney-client privilege.
CRS
13-14-102. Civil restraining
orders. * * * * * * * *
a.
T*E*S*S*A
fka The Center for
Prevention of Domestic Violence. Victims may call the
T*E*S*S*A
administration phone. * * * * * * * * FILING THE
RESTRAINING ORDER LAWSUIT a. This is an independent lawsuit - usually filed in county court. b. Complaint for a permanent injunction (restraining order) may be filed in a separate county court lawsuit as indicated above in CRS 13-14-102. If a dissolution of marriage, legal separation or paternity action has been filed, the restraining order lawsuit may be joined with the family law case, or may also be kept independent in county court. c. Venue is the county where the lawsuit is filed and heard. Venue for filing a motion or complaint pursuant to this section is proper in any county where the acts that are the subject of the motion or complaint occur, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law.
d.
1. No filing fees may be assessed against petitioners seeking relief under this section; except that the court may assess a filing fee against a petitioner, if the court determines the petitioner is not seeking the restraining order as a victim of domestic abuse as defined by
CRS 13-14-101 (2); domestic violence as defined by CRS 18-6-800.3 (1),
stalking
as defined by
CRS 18-9-111, or sexual assault as defined by CRS 18-3-402, Petitioners shall be provided the necessary number of certified copies at no cost. * * * * * * * * a. At the time of filing, plaintiff files a motion for a temporary civil restraining order. The motion is presented to a magistrate and decided ex parte, which means without notice to or an opportunity for the defendant to be heard. The magistrate makes the determination of whether to issue a temporary restraining order upon the basis of facts alleged in the complaint. b. A temporary civil restraining order may be issued if the issuing judge or magistrate finds that an imminent danger exists to the person or persons seeking protection under the civil restraining order. In determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider when the most recent incident of abuse or threat of harm occurred as well as all other relevant evidence concerning the safety and protection of the persons seeking the restraining order. However, the court shall not deny a petitioner the relief requested solely because of a lapse of time between an act of abuse or threat of harm and filing of the petition for a restraining order. * * * * * * * * a. With the temporary restraining order, the court issues a citation directed to the defendant commanding the defendant to appear before the court at a specific time and date and to show cause, if any, why said temporary civil restraining order should not be made permanent. If the defendant fails to appear before the court for the show cause hearing at the time and on the date identified in the citation issued by the court and the court finds that the defendant was properly served with the temporary restraining order and such citation, it shall not be necessary to re-serve the defendant to make the restraining order permanent. b. A copy of the complaint together with a copy of the temporary civil restraining order and a copy of the citation shall be served upon the defendant and in accordance with the rules for service of process as County Court C.R.Civ.P. 304 or District Court C.R.Civ.P. 4. The citation shall inform the defendant that, if the defendant fails to appear in court in accordance with the terms of the citation, a bench warrant may be issued for the arrest of the defendant and the temporary restraining order previously entered by the court shall be made permanent without further notice or service upon the defendant. * * * * * * * * PERSONAL EFFECTS PENDING FINAL ORDERS Any person against whom a temporary restraining order is issued pursuant to this section, which temporary restraining order excludes such person from a shared residence, shall be permitted to return to such shared residence one time to obtain sufficient undisputed personal effects as are necessary for such person to maintain a normal standard of living during any period prior to a hearing concerning such order. Such person against whom a temporary restraining order is issued shall be permitted to return to such shared residence only if such person is accompanied at all times while the person is at or in such shared residence by a peace officer. A very short amount of time is permitted - the restrained person should make certain adequate transportation and manpower is available to move the personal effects quickly. * * * * * * * * a. The return date of the citation shall be set not more than fourteen days after the issuance of the temporary civil restraining order and citation. If the petitioner is unable to serve the defendant in that period, the court shall extend the temporary restraining order previously issued, continue the show of cause hearing, and issue an alias citation stating the date and time to which the hearing is continued. The petitioner may thereafter request additional continuances as needed if the petitioner has still been unable to serve the defendant. b. If the judge or magistrate, after examining the record and the evidence, for good cause shown may continue the temporary restraining order and the show cause hearing to a date certain not to exceed one hundred twenty days after the date of the hearing if he or she determines such continuance would be in the best interests of the parties and if both parties are present at the hearing and agree to the continuance. c. In addition, each party may request one continuance for a period not to exceed fourteen days which the judge or magistrate, after examining the record and the evidence, may grant upon a finding of good cause. d. If the defendant fails to appear at the return date and the petition is for a restraining order to prevent domestic abuse, the court shall order the terms of the temporary restraining order to be made permanent without further notice or service upon the defendant. e. At the time a civil restraining order is requested, the court shall inquire about, and the requesting party and such party's attorney shall have an independent duty to disclose, any knowledge such party and such party's attorney may have concerning the existence of any prior restraining orders of any court addressing in whole or in part the subject matter of the requested civil restraining order. f. At final orders hearing, the judge or magistrate (without a jury) will accept testimony, introduction of exhibits and entertain closing arguments by each party. This is a full evidentiary hearing. If the Court finds that the defendant has committed acts constituting grounds for issuance of a civil restraining order and that unless restrained will continue to commit such acts, the judge or magistrate shall order the temporary civil restraining order to be made permanent or order a permanent civil restraining order with different provisions from the temporary civil restraining order. The judge or magistrate shall inform said defendant that a violation of the civil restraining order shall constitute a criminal offense pursuant to section CRS 18-6-803.5, or shall constitute contempt of court and subject the defendant to such punishment as may be provided by law. * * * * * * * * The court may enter restraining orders as court deems necessary for the protection of person which may include, but are not limited to: a. Restraining a party from threatening, molesting, or injuring any other party or the minor child of either of the parties; b. Restraining a party from contacting any other party or the minor child of either of the parties; c. Excluding a party from the family home upon a showing that physical or emotional harm would otherwise result; d. Excluding a party from the home of another party upon a showing that physical or emotional harm would otherwise result;
e. 1. Awarding temporary care and control of any minor children of either party involved for a period of not more than one hundred twenty
days f. Such other relief as the court deems appropriate. * * * * * * * * A court shall not grant a mutual restraining order to prevent domestic abuse for the protection of opposing parties unless each party has met his or her statutory burden of proof and the court makes separate and sufficient findings of fact to support the issuance of the mutual restraining order to prevent domestic abuse for the protection of opposing parties. No party may waive these requirements. * * * * * * * * Each party is provided a copy of any order issued pursuant to this section, and a copy shall be delivered to any law enforcement agency having jurisdiction to enforce said order. * * * * * * * * MODIFICATION OR DISMISSAL OF RESTRAINING ORDER a. Petitioner (protected person) may move for modification of the terms or duration of the restraining order, or may move to dismiss the restraining order entirely.
b. 1. Respondent (restrained person) may also move
for modification of the terms or duration of the restraining order, or may move
to dismiss the restraining order entirely. However, once such a motion has
been filed, the restrained person may not again file a motion until four (4)
years has elapsed. CAVEAT - See ¶2. c. The issuing court shall retain jurisdiction to enforce, modify, or dismiss a temporary or permanent restraining order. d. If a motion to modify or dismiss is filed, a copy of the motion and notice of the hearing on the motion must be personally filed upon the opposing party. e. The moving party bears the burden of proof to show, by a preponderance of the evidence, that the modification is appropriate or that a dismissal is appropriate because the restraining order is no longer necessary. If the protected party has requested that his or her address be kept confidential, the court shall not disclose such information to the restrained party or any other person, except as otherwise authorized by law.
f. Relevant factors in court's determination of motion: g. Modification or dismissal provisions of the statute apply only to restraining orders entered on or after July 1, 1999.
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