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Can a restraining order be issued in Colorado even if there was no violence and neither party asked for one nor wanted one?
Wiki User
∙ 11y ago
The short answer is YES!
We assume that this order was issued after someone called the police to respond to some type of Domestic Violence incident. In general if the event was serious enough for someone to call the police, the court will often hold that the event was serious enough to require a protection / restraining order.
The State of Colorado takes Domestic Violence related cases very seriously and almost always file restraining orders against the accused for the protection and emotional welfare of the victims.
The order is issued pursuant to Section 18-1-1001, C.R.S. (Mandatory Protection Order) which states in part:
There is hereby created a mandatory restraining order against any person charged with a violation of any of the provisions of this title, which order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person’s first appearance before the court and informed of such order until final disposition of the action. Such order shall restrain the person charged from harassing, molesting,intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The restraining order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected parties.
If you are subject to a restraining / protection order issued by a Colorado Court, and you have been charged with a Domestic Violence related criminal offense you should consult with an attorney in Colorado.
While the order is in effect, you must have NO CONTACT with the protected party.
Wiki User
∙ 11y ago
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How many restraining orders are issued for domestic violence a year?
Around 2,000,000 a year is given out because of domestic violence.
Does the reason of a restraining order show on a back ground check?
A restraining order is a civil court action and does not appear on your criminal history record - UNLESS - you were arrested for domestic violence BEFORE the order was issued - OR - were arrested as a result of violating the order. In those cases it WILL show up.
How do you respond to a temporary restraining order issued by California court?
By obeying it!
What happens when the person filing a restraining order doesnt show up in court?
The case would be drop
How do you respond to a restraining order issued by California?
You go to court and respond to the allegations.
What are the steps in a domestic violence court case?
In domestic violence court is like most normal courts. The case will be heared, the evidence examined, victim interviewed, and depending on the severity a restraining order will be issued.
What methods are used by law enforcement to handle domestic violence cases?
A temporary restraining order or temporary injunction for personal protection can be issued ex parte in response to an emergency application, which application to the court can be made pro se.
Will having a Legal Restraining Order against you eliminate your chances of becoming an RN as a job?
If you have a restraining order against you it could possibly hinder you obtaining your nursing license. It really depends on why the restraining order was issued.
How much is a restraining order in Texas?
There is no set time limit. The term(s) of restraining orders are set by the Judge at the time they are issued, depending upon the circumstance.
There is a question of drugs and past history of violence against child's mother by the father. Can a custodial parent obtain a restraining order against a non-custodial parent?
Only if the court approves. However, restraining orders are issued for current and provable abuse not on past problemsand "questions" of drug use. The mother should visit the court and speak with an advocate.
Can you remove a restraining order?
In the USA a person can remove a restraining order by reaching the County courthouse where it was issued and petition the Court regarding its procedures and regulations to have the restraining order removed. Once you have that information you or your attorney can ask for a Court date whereby your case for having the restraining order removed can be presented. In many cases these restraining orders were issued as you were named as a threat or possible threat to a person or persons. Be prepared to provide evidence that the threat or implied threat has no foundation in facts.
Are restraining orders public record?
In almost all cases a restraining order is a publicly available court record. The ease with with the restraining order could be discovered depends on the level of public access available in the court where the order was issued.
