Attorneys who can help with your Restraining Order Proceedings
There are many types of Restraining Orders in connection with divorce proceedings.
The first type of restraining order accompanies the Petition for Dissolution. It restrains both parties from selling property, mortgaging property or hiding property without prior consent of the other party. It also requires the parties to notify each other in regards to extraordinary expenses and to account for these extraordinary expenditures in court. The Petition for Dissolution is also accompanied by a restraining order prohibiting either party from removing the minor child from the state of Colorado without prior court order. Additional restraining orders that accompany the Petition for Dissolution include restraining the parties from disturbing the peace of the other party and continuing to pay premiums for insurance (i.e. health insurance, life, homeowners, auto or renter’s insurance).
Another type of restraining order is issued when one party physically requests a civil protection order from the court. This is the type of restraining order most people are familiar. It will enjoin one party from contacting the other party or protected persons, including children, as well as remain at least 100 yards from the protected party’s place of residence, place of employment or school of the children. This restraining order is issued in a temporary format and is effective once issued. The parties are then instructed to return to court, usually within fourteen (14) days to conduct a hearing and determine whether that order will become permanent. Restraining Orders can later be dismissed by the moving party, or continued and enveloped into the divorce proceeding. Another way to resolve restraining orders includes a “No Contact Order” in which the parties enter into a contractual agreement in which they will not contact each other. This agreement is a contract, filed with the court and valid as only a contract. The terms of this contract can be styled to suit either or both parties. This is a civil restraining order.
The final type of restraining order comes about through a domestic violence situation. When a party is arrested for domestic violence, and once he/she is arraigned in court, the court will issue a criminal protection order. This protection order remains in effect so long as the criminal proceedings remain alive in the court. This would also include the term of the plea, if any, is entered by the court. This type of restraining order restrains the defendant from harassing, molesting or otherwise intimidating the other party.
All of these restraining orders are orders of the court that issues them and will result in further criminal charges if violated. The charges could range from as little as no jail (but probation) to as much as two (2) years in jail if the restraining order is violated. The party restrained is encouraged to abide by the contents of the order lest they find themselves in jail.