A Restraining Order Is Not Something To Take Lightly

If someone wants to file a restraining order against you in the state of Colorado

, it's actually very easy. The person who is filing simply has to say that you have harmed them or have threatened to harm them whether it is true or not. Seeking a restraining order doesn't require any proof to substantiate the allegations, and it doesn't require any evidence. Unfortunately, many a spiteful and dishonest significant other has abused this process fraudulently in order to gain advantage in a divorce, especially when child custody issues are involved. Sometimes it's used as a ruse to simply remove you from the family home. Other times, it's just a very ugly payback for actual or perceived betrayal.

Since filing a restraining order is so easy to do, goes basically unchallenged, and if it turns out that the person filing did so dishonestly, the justice system typically does not "go after" them, the fraudulent petitioner has very little to lose regardless of the outcome. You, on the other hand, have more to lose than you may realize. Not only is this imbalance harmful to the person being filed against, as well as other family members who could be involved, but it's an affront to true victims of domestic violence who need the power of a restraining order and other limited resources of law enforcement and the court system to ensure their safety and the safety of their family.

If you've been fraudulently accused of domestic violence in Colorado and now face a restraining order, there are ways you can defend yourself before the situation spirals further out of control. First, consult with a domestic violence lawyer in Colorado right away. Once the temporary restraining order expires - generally a 14-day period - the petitioner may either drop the order altogether or seek to make the order permanent. Even if this does not happen, who's to say that the person won't file another one at a later date? One restraining order looks bad enough on your record, but if this becomes part of a pattern of revenge against you and the orders start stacking up, you will look like a violent, habitual offender should anyone ever view your record.

Hire a domestic violence lawyer in Colorado to fight a restraining order. Once a permanent protection order is entered against you, you have no option other than to live with it for four years. Some of the consequences of having such an order on your record is that it can show up on background checks when you apply for a job, try to find housing, obtain a passport for travel, and of course, when it comes to having custody of children, it will not bode well.

If you receive notice of such a hearing, find a domestic violence lawyer immediately. If the allegations against you are erroneous, not only should you seek to have them dismissed, you may also consider discussing whether it's appropriate to bring charges against the petitioner. Though most people are just happy to see the restraining order go away, a fraudulent complaint should not be ignored. If a person has fabricated a story that has put your reputation, your freedom, and your ability to work and find housing in jeopardy, don't take a chance that you can explain it away in front of a judge. You'll need the skilled intervention and representation of a domestic violence lawyer in Colorado to ensure you receive a fair hearing and a clean slate.

by: maxstephon

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