Restraining Orders And Protective Orders

Restraining or protection orders are designed to protect people from violence and the threat of violence from their spouses, boyfriends or family members. However, these orders are subject to abuse, as they place a lot of power in the hands of the person who files for protection. At the Law Offices of W. Robert Montgomery in Denver, Colorado, we represent both people in need of protection as well as the accused.

If you are a victim of spousal abuse, our lawyers will make sure you are advised of the protections the law can provide to help you find your way through the situation.

If you are accused of abuse, our lawyers will go to work to ensure that your rights are protected and you are not harmed by a false accusation.

How Do Protective Orders Work?

If you are in need of protection, you can go into court on an ex parte basis (meaning that only one side is present in court) and testify that you face emotional or physical dangers. The court can then issue a temporary order for 14 days based on the testimony of only one side. The judge will then set a hearing date to determine whether to make the temporary order permanent. At this hearing, the accused has the right to be present.

Under Colorado law, a permanent protection order is not modifiable for four years.

What if I Am Falsely Accused of Domestic Violence?

During a divorce, your spouse can use a protective order to kick you out of the house and gain the upper hand in a child custody dispute. If you are accused of domestic violence or abuse, it's important to have a lawyer represent you at your hearing. If you are not heard at your hearing, the court can make the temporary order permanent.

A permanent protection order is a very serious thing. If you are the subject of a protection or restraining order, it can prevent you from having any contact with your spouse and even keep you from seeing your children. You will also be barred from owning firearms.

If you are a police officer or a security guard, you can lose your job if you have a protection order against you. If you are in the military, you will be discharged.

How Can We Help You?

If you are in immediate danger, call 9-1-1. To learn about your legal options and how we can help you, fill out and send us your contact information using the form on the side of this page or you can call us at 720-496-1338.