How To Prepare For A Protection Order Hearing In Colorado

In this article, you can discover…

• When to expect your protection order hearing in Colorado.
• What evidence to bring to your protection order hearing.
• How to defend yourself against false accusations during a hearing.

How Soon After Being Served Will My Protection Order Hearing Be Scheduled?

A protection order hearing is scheduled for two weeks from the date that the court grants the petitioner a temporary protection order. The petitioner must serve the person who is meant to receive the protection order, and this could see you served anywhere from two weeks to one day before the scheduled hearing.

You are required to abide by the temporary protection order once you have been served with it. At the protection order hearing, a judge will hear the evidence against you and the evidence in your defense and will determine if the temporary protection order is to be canceled or made permanent.

What Evidence In My Defense Should I Bring To A Colorado Protection Order Hearing?

Unbiased witnesses can be quite useful in calling the petitioner’s credibility into question. Emails, text messages, photos, police reports, and any other information that can corroborate your side of events will also be helpful.

For example, if the other party alleges that you violently assaulted them and left bruises, but a photo taken the next day and posted on Instagram shows them smiling, happy, and uninjured, this can be helpful in corroborating your side of events.

Will The Judge Ask Me Questions During A Protection Order Hearing?

During a hearing, the person seeking the protection order submits their evidence, and you are given the opportunity to question them and to submit your own evidence. The judge will analyze the evidence and make a decision but will act as a referee as opposed to a fact-finder and will not typically ask you questions.

However, the party requesting the petition has the burden of proving that the protective order is justified. If you are being accused of assault, domestic abuse, or verbal threats, they must demonstrate to a judge that it is more likely than not that you committed those actions.

They must also demonstrate to the judge that you are likely to commit those acts again in the future or that you are likely to commit acts of brutality against them. These are the types of elements the other party must demonstrate to a judge in order for the temporary protection order to be made permanent.

Attorneys Jim and Christina Zorrilla are determined, caring criminal defense attorneys serving Colorado. With over 20 years of combined experience, they’ve helped countless clients just like you protect their rights and interests during complex protection order hearings.

Have questions, or in need of legal guidance? Reach out to The Zorrilla Law Firm for a free initial consultation today.

What Will The Results Of A Colorado Protection Order Hearing Be?

If the judge finds the petitioning party’s evidence compelling and decides that it is more likely than not that you committed the acts you are accused of and that unless the protection order is made permanent that the acts will continue, then they will make the temporary protection order permanent for at least the next two years before you can request for it to be canceled.

If the judge does not find the other party’s evidence against you compelling and decides it is more likely that you did not commit the acts you are being accused of, the temporary protection order put in place is canceled.

How Can I Defend Myself Against False Accusations In A Protection Order Case?

An experienced, attentive attorney can help you question the credibility of the other party.

For example, an attorney can help determine that the motive for seeking a protection order is revenge or retaliation as opposed to a genuine fear for their safety. Perhaps the other party sent you text messages promising that they would get back at you.

A skillful lawyer can help a judge understand that the petitioner is not using a protective order to defend themselves but to attack you and make your life more difficult.

Do I Need A Colorado Criminal Defense Attorney To Represent Me At A Protection Order Hearing?

This is not legally required, but it is a very good idea to have an experienced criminal defense attorney represent you. In many cases, the allegations against you involve allegations of criminal conduct, such as assault. A criminal defense lawyer can help you navigate the legal process, gather evidence in your defense, and represent your position articulately and clearly to a judge.

An attorney will also help you understand when to exercise your right to remain silent, helping you avoid the mistake of incriminating yourself if the petitioner calls upon you and asks you questions during the hearing.

How An Experienced Attorney Can Help You Avoid Common Mistakes

It’s likely that the person who filed the petition for a protection order is someone you know and have a long history with. This could be a partner, former spouse, neighbor, or family member. Because of the personal history, these cases can become very emotional. And heading into a hearing without legal representation when you’re emotionally vulnerable is a critical mistake.

In contrast, your attorney won’t be personally invested in what happens to your relationship with the petitioner and can help you keep the focus on your rights and future at a very emotional juncture. An attorney can serve as an objective, professional set of eyes, helping you understand how a judge is likely to see your case and finding evidence that can help see the protection order canceled.

Still Have Questions? Ready To Get Started?

For more information on preparing for a protection order hearing in Colorado, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 715-3786 today.