Obtaining a Restraining Order
The attorneys at Robinson & Henry take cases of domestic violence, child abuse, and substance abuse very seriously, and we will help you obtain a restraining or protective order should you need to take this step for yourself or your children. We can seek a civil restraining order if you and/or your children are in imminent danger or have been threatened with harm. The order is issued by a court to prohibit assaults, threats of physical harm, emotional abuse, and stalking. Legal language in Colorado requires the person being restrained to continue to pay bills and provide support for the family. This important legal change addresses the fact that abuse can take many forms, including financial abuse by threatening to withhold support. Regardless of whether your need for a restraining order is in the context of divorce or a custody case, we will help you take the actions necessary to protect yourself and your children.
Defense Against Restraining Orders
You can also get help and representation if a restraining order has been entered against you. Initially, the individual to be protected by the order will file a temporary restraining order, which restricts contact between parties until the evidentiary hearing when the person under protection presents evidence of abuse or stalking and the order can be made permanent. While the domestic violence, child abuse, or substance abuse is often very real, there are unfortunately cases where someone is falsely accused. Because of the seriousness of the situation, it is not uncommon for a restrained person to be ordered to leave his or her home and be removed from children. If you have been falsely implicated in a restraining order, we will work fervently on your behalf to have the order dismissed.