Fort Collins Restraining
Order Attorney

Bruno Lilly LeClere

At Bruno Lilly LeClere, PLLC, our Fort Collins restraining order lawyers are skilled, knowledgeable, and advocates for clients. With extensive experience handling the complexities of domestic violence cases, including civil protection orders and criminal charges, we are always prepared to provide personalized representation. Our firm understands how sensitive and complicated these cases are to navigate, whether you’re dealing with a temporary civil protection order, a no-contact order, or allegations of emotional abuse or sexual assault.

We aim to protect the rights of our clients, helping them understand the legal system and the serious consequences of violating a protection order or facing a domestic violence charge. We work diligently to fight for the best possible outcome for those involved in restraining order violations in Larimer County. Do not go it alone.

What is a Restraining Order in a Domestic Violence Case?

Unfortunately, domestic violence remains a serious problem in our region. According to data cited by the Colorado Department of Public Health and Environment, “one in three women and one in four men have experienced physical violence from an intimate partner in their lifetime.” A restraining order in a domestic violence case serves as a legal tool designed to protect victims from harm. The order prohibits the alleged abuser from coming into contact with them. It aims to ensure safety and peace of mind for those who feel threatened, enabling them to seek the necessary help without fear of retaliation. Courts issue these orders to prevent further emotional or physical abuse. A domestic violence restraining order is legally enforceable. A violation is a criminal act. 

Understanding the Different Types of Restraining Orders in Fort Collins, CO

Not all restraining orders are identical. Quite the contrary, there are several different types of domestic violence restraining orders that can be put in place in Fort Collins. Here is an overview of the different types of restraining orders that may be entered by the court in Northern Colorado: 

• Temporary Restraining Order: Also known as a temporary protection order or an “ex parte protection order”, a temporary restraining order is issued to provide immediate protection to a person claiming to be a victim of domestic violence. It is granted based on the petitioner’s statement alone and does not require the presence of the accused during the proceedings.
• Permanent Protection Order: A permanent protection order may be issued if the court deems it necessary for the safety of the petitioner. It is a type of order that provides long-term protection and can include provisions such as no-contact and stay-away orders, and it may also address child custody and child visitation (if applicable) in the case. 
• Emergency Protection Order: In Colorado, an emergency order of protection can be issued by law enforcement officers when courts are closed, and immediate protection is necessary. The order provides immediate safety and lasts only until the end of the next business day
• Criminal Restraining Order: If a person is arrested and charged with domestic violence in Fort Collins, a restraining order will (typically) be put in place automatically. A criminal restraining order is issued as part of a criminal case against an accused. 

If you or a loved one believe you are wrongfully facing any of the restraining orders mentioned above, contact our firm to arrange a free, initial case consultation today.

It is Unlawful to Violate a Restraining Order

You cannot lawfully breach the terms of a restraining order. It is a criminal offense in our state. Under Colorado law (CRS 18-6-803.5), it is a Class 1 misdemeanor offense to violate a protective order if you knew or should have known that the order was in place. Engaging in behaviors like contacting, harassing, threatening, or physically touching the protected person could lead to an arrest. Our Fort Collins restraining order violation defense attorney can help you defend any of these charges. 

The Penalties for Restraining Order Violations

What happens if you violate a protective restraining order in Fort Collins? If you are arrested and charged with a Class 1 misdemeanor offense under CRS 18-6-803.5, you need to be aware that you are facing the risk of serious penalties. Specifically, this charge in Colorado can carry a maximum of a $1,000 fine and up to 364 days in prison. The maximum sentence can increase to up to 18 months for criminal protective orders. There can be other adverse ramifications as well. 

How Our Fort Collins Defense Attorneys Can Help

Restraining orders can be very complicated. No matter your situation, it is normal to have a ton of questions about your rights, your responsibilities, and your legal options. Our Fort Collins attorneys Havilah Louise Bruno Lilly and Andrew LeClere have the skills and experience that you can rely on. We are proactive. Among other things, our Fort Collins restraining order lawyers are prepared to: 

• Listen to your story and answer your legal questions; 
• Investigate the case―gathering all relevant evidence and information; and
• Develop a personalized strategy to help you get the best possible outcome. 
• Defend your rights and negotiate with the other parties every step of the way.

Frequently Asked Questions

Can You Remove a Restraining Order?

Not on your own. The court puts a domestic violence restraining order in place—and the court must remove it. Both parties are allowed to present their case. The decision to lift the order rests with the judge. In general, courts give parties some discretion if they both want to remove the order. 

Does a Permanent Restraining Order Expire?

Not. In some states it does, but not in Colorado. A Permanent restraining order in Fort Collins does not automatically expire; it remains in effect indefinitely unless modified or dissolved by a court order. The person against whom the order is issued can request the court to reconsider or terminate the order—but they must prove it is justified. 

Are there Defenses to a Restraining Order Violation Charge?

Yes. There are several defenses available if you are charged with violating a restraining order, such as proving that the violation was unintentional or that you were not properly notified of the order. Another common defense is demonstrating that the allegations of violation are false or exaggerated.