Fighting a Domestic Violence Order
Upon arrest for domestic assault, a 72-hour restraining order is automatically issued. This must be addressed promptly to prevent a chain of events that can separate you from your children or lead to additional criminal charges.
Even if you are cleared of domestic violence assault charges, the alleged victim can seek a permanent restraining order. You can fight this. The Colorado Springs criminal defense lawyers of the Gasper Law Group handle all aspects of domestic violence allegations. Contact us immediately for a free consultation.
The Permanent Restraining Order – A Dangerous Path
The temporary restraining order requires that you be removed from your home for 72 hours. During this time, you cannot have contact with the victim or your kids, including contact via third party. The victim can file in civil court to continue the temporary order. A permanent restraining order may be granted for six months, a year or more.
Rather than protecting the victim from violence, restraining orders are often used as a weapon against the alleged abuser:
- You are kicked out of your home and cut off from your family. Then the domestic violence allegation and protective order is used for leverage in divorce or child custody proceedings.
- The permanent restraining order sets you up for criminal charges of violation of a restraining order Restraining Order Violations for harassment, stalking, threats or any contact at all. Accusations are made, you are hauled off to jail again and the “victim” has more fodder for family court.
For this reason, it is critical to challenge the permanent order. The sooner you obtain legal counsel, the better your lawyer will be prepared to make your case.
A hearing will be set, usually within a week, to determine to continue the temporary no-contact order. Both sides have an opportunity to present arguments to the judge. While the temporary order is automatic, the court is more cautious with a permanent protection order because of what’s at stake.
The Gasper Law Group works to show that you are no threat to the victim – no prior assaults, calls to police or pattern of violence. We will challenge the victim’s characterization of events and challenge the credibility of any witnesses called. We also present any evidence that the victim’s motivation is getting the upper hand in a family court matter.