Child Protection

If your child is in imminent danger of physical or emotional harm don’t wait for a lawyer, call 911. If you feel additional steps need to be taken after that call, or that the situation doesn’t rise to the level of involvement of the police, you can get our help protecting children.  Two of the option available are:

• Filing for a civil protection order that names the child as a protected party, and/or
• Filing for an emergency motion to restrict parenting time.

Protection Orders or what used to be called Restraining Orders can provide considerable protection for children and their parents.  Protection Orders are taken seriously by law enforcement and courts and violations generally end up with the perpetrator in custody. They’re not perfect but they can help.

Mandatory Protection Order (only issued in criminal cases):
Only issued in a criminal case where the child would be a victim of child abuse or witness to a domestic violence incident that resulted in criminal charges against the alleged perpetrator.

Civil Protection Order:
Is used to prevent imminent danger to the minor child and/or parent. The civil protection order is initiated by one parent against the other.

Emergency Motion to Restrict Parenting Time:
This motion is typically filed in an existing allocation of parental rights or divorce case. It 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.

If someone violates either a mandatory protection order or a civil protection order, it is a criminal offense. When a violation is reported to the police an arrest warrant is typically issued.  In some jurisdictions, arrest warrants for protection order violations are a high priority.

Protecting children with a civil protection order is more complicated than filing one on your own behalf.  But courts take seriously any threat of harm to children and typically act quickly to provide protection and get the case into their courtroom of a full hearing.

Violations of protection order can result in a prolonged stay in jail.

Each state varies on the length of time a protection order may last. In Colorado, a hearing on a temporary protection order must be held within 14 days of the court issuing the protection, unless the parties agree to a continuance. At that hearing, the court will determine if the temporary order should be dismissed or made permanent. If the court makes the protection order permanent, it remains in effect for an indefinite period of time.

Restricting or monitoring contact:
Through a child protection order, the abusive parent may be prohibited from visiting a child in an environment out of the home. On the other hand, they may be required to stay a specific distance away from the child.

Visitation rights may be limited or denied.

Counseling:
It may be court-ordered that the offender gets involved with self-improvement programs such as anger management courses or therapy, depending on the case.