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Protective Orders

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Temporary Restraining Order

Allegations of domestic violence, including assault or harassment, sometimes lead to a spouse filing for a Colorado divorce or legal separation. In such cases, the aggrieved person may also contact TESSA at (719)  633-1462 for help obtaining a temporary Colorado restraining order against the other spouse. The temporary restraining order is obtained ex parte, which means one spouse can do it unilaterally, without the other having the chance to respond.

 

Permanent Restraining Order

The temporary restraining order typically lasts about two weeks, after which a hearing is scheduled to determine whether the order should be made permanent. That hearing is important! Any restraining order issued will also have the effect of determining important issues for a Colorado divorce, such as temporary possession of the marital residence and a temporary parenting plan. Though that determination is only temporary, and not binding on the Colorado family law court, it often becomes the framework for what happens in the divorce.

A permanent restraining order has very major side-effects, such as a federal law against possessing firearms (which has exceptions for police and military, unlike the Lautenberg Amendment), and it could risk your security clearance.

 

See Also - C.R.S. 14-10-108(2) for incorporating a protective order into temporary orders.

Have a CO divorce or custody case? Black & Graham can help.

(719) 328-1616

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