THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY
Temporary vs. Permanent Protection Orders
Posted in Colorado Laws on August 30, 2018
Protection orders are invaluable to those they defend. When someone is in fear for his/her life or well-being, a protection order can provide much-needed peace of mind. Those who decide to disobey protective orders can face strict penalties, including jail time. If you’re interested in securing a protection order in Colorado, you must first understand which type of order is most appropriate for your situation. Two main types of protection orders are temporary and permanent.
Best Times for Temporary Protection Orders
The difference between a temporary and permanent protection order is not in the things it keeps someone else from doing. Both types protect a party from another party in all the same ways. Instead, the difference has to do with the amount of time in which the order is active. A temporary protection order is ideal in the face of immediate threats of danger. For example, if you have reason to believe someone is going to harm you or make good on a threat soon, a temporary protection order might be the right choice.
Temporary protection orders come through faster than permanent ones. Since they are for use in situations involving imminent threats where time is of the essence, the courts decide on these orders in a time-efficient manner. Typically, a judge will agree to hear a case involving a temporary protection order the very same day. This is important to victims of stalking, harassment, violence, and abuse who need fast protection from their perpetrators. In general, one must always get a temporary protection order prior to asking for a permanent one.
Temporary protection orders are just that – temporary. Temporary protection orders last 14 days on average. After the 14 days, the party requesting the order will need to return to court to request a permanent protection order, if necessary. The point of a temporary order is to immediately serve the needs of the petitioner, offering fast protection. It is not to provide a long-term solution. If the threat continues past the 14 days of the temporary order, the petitioner has the option to secure a more permanent form of protection.
Is a Permanent Protection Order Necessary?
Some bad situations don’t dissipate in two weeks. In these cases, permanent protection orders can be the best choice for people in dangerous circumstances. A permanent order will protect victims from all forms of contact from the offender for the foreseeable future. This includes in-person visits, phone calls, text messages, emails, and letters. Protection orders can also require offenders to give up child custody, leave a family home, give up a family care, make monthly support payments, and refrain from selling marital property.
Permanent protection orders are appropriate in situations in which the threat of harm will not fade in a matter of two weeks. If the criminal, domestic partner, stranger, or other party will most likely continue to threaten, stalk, or intimidate the victim, a permanent order can provide lasting protection and assurance. Although the courts can modify or lift permanent protection orders, they will only do so in limited circumstances. It is up to a judge just how long a permanent order will last.
To petition for a permanent protection order, one must go to the county courts and submit the proper application forms. The petitioner must then prove to the courts through a preponderance of evidence that he or she is in danger of future abuse or threats by the offender. The petitioner has the burden of proving the necessity of a permanent order rather than just a temporary one. A lawyer can help with this burden of proof, if necessary. If you’re in the midst of a criminal trial and wish to gain a temporary or permanent protection order from the perpetrator, your lawyer can help.