CHILD PROTECTION ATTORNEYS
IN COLORADO
Modern Family Law's compassionate child protection lawyers in Colorado represent the interests of children in legal proceeding related to child abuse and neglect. Our lawyers work to ensure that the rights and well-being of children are protected in cases involving abuse, neglect, and other forms of mistreatment.
MFL's child protection lawyers play a vital role in ensuring that the state's most vulnerable citizens are protected and given a voice in the legal system. Learn about the serious issue of child protection in Colorado below including:
Our experienced Colorado child protection attorneys understand the serious nature of child protection cases. If you feel a child is in danger you should call 911. If you feel additional action is required we encourage you to reach out and share the details of your case with our attorneys so they can provide you with the guidance you need. We are here to support you and ensure that the safety of your child is preserved.
WHAT IS A CHILD PROTECTION ORDER
IN COLORADO?
In Colorado, a child protection order is a legal order issued by a court to protect a child from abuse, neglect, or abandonment. Protection Orders, previously known as Restraining Orders, offer a significant level of protection for children and their parents. These orders are taken seriously by law enforcement and the court system, and violations often result in the perpetrator being taken into custody.
As outlined in C.R.S. § 13-14-100.2, the objective of a child protection order is to “promote safety, reduce violence and other types of abuse, and prevent serious harm and death.” The court may grant a restraining order if it finds that there is an imminent danger present to the person or persons seeking protection. The court will consider all the evidence relevant to the case, but will not deny relief based solely on the length of time between the abuse or threat and the request for the protective order.
WHAT TYPES OF CHILD PROTECTION ORDERS
ARE AVAILABLE IN COLORADO?
In Colorado, there are several types of child protection orders that may be issued to protect children from abuse, neglect, or other forms of harm. These include:
A Mandatory Protection Order is a court order that is only issued in criminal cases where the child is a victim of child abuse or witness to a domestic violence incident that resulted in criminal charges against the alleged perpetrator.
A Civil Protection Order is a court order that is used to prevent imminent danger to the minor child and/or parent. This type of order can be initiated by one parent against the other.
An Emergency Motion to Restrict Parenting Time is a court motion that is typically filed in an existing allocation of parental rights or divorce case. This motion is filed when there are credible allegations that a parent exercising parenting time with a child would place the child in imminent physical or significant emotional harm.
Of the different types of child protection orders in Colorado, each can be either temporary or permanent. A temporary restraining order (TRO) in Colorado is a short-term court order issued without notice to the defendant, to provide immediate protection to a person who has been the victim of abuse, harassment, or stalking. A TRO is typically issued without notice to the defendant and is effective for a limited period of time, usually 14 days.
On the other hand, A permanent restraining order (PRO), also known as a permanent protection order (PPO) is a long-term order issued after a hearing. A PRO can include specific restrictions on the defendant's behavior, such as prohibiting the defendant from contacting the victim or going to certain places, and can be in effect for a period of up to two years.
WHAT INFORMATION DOES THE COURT NEED
TO ISSUE A PROTECTION ORDER?
In order to issue a child protection order in Colorado, the court will need certain information in order to make a determination about whether to grant the order. You must demonstrate that the defendant has caused harm or has threatened to cause harm to you and that there is a likelihood of further abuse or threats if the order is not granted. It is important to provide specific details about the abuse, including the date, location, and any witnesses present. Additionally, if there is a history of past abuse, this information should also be included in the request.
This information will be used by the court to determine whether a child protection order is necessary to protect the child and whether the requested order would be in the best interest of the child.
WHAT SHOULD I DO IF A PROTECTION
ORDER IS VIOLATED
If a respondent/defendant violates the restraining order, call the police. Violating a restraining order is a crime in Colorado. The police are required to arrest the defendant and take them to jail if they have probable cause to believe a violation occurred. Probable cause means a reasonable belief that a crime has been committed. If charges are not filed, you can file a motion for contempt.
The consequences for violating a Colorado protection order are serious. The punishment can range from a fine and/or jail time depending on the number of violations. A first violation is considered a Class 2 misdemeanor with a fine of up to $1,000 and/or jail time of up to 90 days. A second violation is considered a Class 1 misdemeanor with a fine of up to $5,000 and/or jail time of up to two years.
” Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001 , the violation is a class 1 misdemeanor.“
WHAT OUR CLIENTS SAY ABOUT OUR
EXPERIENCED CHILD PROTECTION LAWYERS IN COLORADO
FREQUENTLY ASKED QUESTIONS ABOUT
CHILD PROTECTION IN COLORADO
How Long Does A Protection Order Last In Colorado?
As per C.R.S. 13-14-108(1), The child-related provisions of a protection order will end either upon the entry of a parenting order in a domestic relations case or after one year, whichever occurs first.
Civil protection orders do not expire automatically. They can be modified if either the protected party or the restrained party requests a change, as per C.R.S. 13-14-108(2).
How Do I Dismiss Or Modify A Protection Order In Colorado?
If you are the protected person in a protection order, you may seek to modify or dismiss the order at any time. To do so, refer to the instructions for the protected person (JDF 396). However, if the defendant has been convicted of a crime involving domestic violence or a felony, the order cannot be dismissed.
If you are the restrained person, you must wait four years after the protection order was issued to file a motion to modify or dismiss. You must also complete a background check and provide evidence that the order is no longer necessary. If you have been convicted of a crime involving domestic violence or a felony, the order cannot be dismissed.
For criminal no-contact or protection orders, the process is different. Contact your local district attorney’s office or a domestic violence program for guidance.
Who Can I Get A Protection Order Against?
In Colorado, a protection order can be granted against any adult or juvenile aged ten years or older.
OUR COLORADO CHILD CUSTODY LOCATIONS
COLORADO SPRINGS
CHILD CUSTODY LAWYERS
9362 Grand Cordera Pkwy Suite 205,
Colorado Springs, CO 80924
FORT COLLINS
CHILD CUSTODY LAWYERS
3711 John F Kennedy Pkwy Suite 225,
Fort Collins, CO 80525
(970) 410-8241
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