Loveland Restraining
Order Lawyer

Bruno Lilly LeClere

At Bruno Lilly LeClere, PLLC, our Loveland restraining order lawyers are committed to personalized legal representation. We zealously protect the rights and interests of our clients. Facing a restraining order or civil protection order related to a domestic violence crime?

Our experienced restraining order lawyers understand the serious consequences a domestic violence conviction or criminal charges can bring, including the potential loss of the right to possess firearms. Have questions about restraining orders in Colorado and how to fight them? Let our team be your advocate! Contact our Loveland protection order attorneys today to set up a fully confidential consultation.

Understanding Restraining Orders

In Colorado, domestic violence is defined as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship” (CRS § 18-6-800.3). An allegation of domestic violence can justify a court putting a restraining order (protection order) in place to create an additional barrier to keep the alleged victim safe. Typically, the protection orders prohibit the abuser from making contact—physically or electronically—with the victim.

It not only enforces a necessary separation but also serves as a legal acknowledgment that there is a serious risk present. If a person violates a civil protection order or criminal protection order, they can be arrested and charged criminally. A conviction for violating a restraining order can negatively impact the individual, leading to jail time or a maximum sentence, depending on the case.

An Overview of the Types of Restraining Orders in Colorado

Not all protective orders are identical. Indeed, there are several different types of domestic violence restraining orders that can be issued in Northern Colorado. Here is an overview of restraining orders that may be issued by a court in Loveland or elsewhere in Larimer County: 

• Temporary Restraining Order: A temporary restraining order acts as an immediate protective measure for individuals alleging threats or acts of domestic violence. It is issued based on the petitioner’s claims—without requiring an in-person response from the accused. However, it only lasts until a permanent hearing can be held (around 14 days). 
• Permanent Protection Order: Following a detailed evaluation at a formal hearing, a permanent restraining order may be issued if the judge finds continued risk to the petitioner. The order provides extensive protection to the accused. 
• Emergency Protection Order: Courts are not always open in Larimer County. Emergency protective orders are designed to provide immediate protection to vulnerable people. They can be issued by the police in Loveland and last until the close of the next business day.  
• Criminal Restraining Order: A criminal domestic violence restraining order can be issued by the criminal court after an arrest. The order is a standard component of criminal cases involving domestic violence. 

Criminal Penalties for Restraining Order Violations in Loveland

In Colorado, violating a restraining order is a serious offense. It can carry substantial criminal penalties, potentially including time behind bars. When a person in Loveland knowingly breaches the conditions of a domestic violence protective order—such as contacting or physically approaching the protected person or their property—they can be charged with a Class 1 misdemeanor offense. It typically carries up to 364 days in jail—though it could be 18 months in prison if a person violates a criminal restraining order. Our top-rated Loveland, CO criminal defense attorney can protect your rights and your interests.  

Frequently Asked Questions

Can I Voluntary End a Domestic Violence Restraining Order?

Yes—but you will need to petition a court to get approval to end the restraining order. Indeed, you will need to file a motion with the court explaining why you believe the restraining order is no longer necessary. A Loveland, CO restraining order attorney can help. 

Are You Required to Renew a Restraining Order?

Not if a permanent restraining order is in place. In Colorado, permanent restraining orders do not require renewal. Instead, they remain in effect indefinitely unless a court decides otherwise based on a motion to modify or dissolve filed by either party. On the other hand, temporary restraining orders have a set expiration date. 

What Defenses Can Be Used Against a Restraining Order Violation?

Every domestic violence order violation charge should be defended on a case-by-case basis. Defenses against a restraining order violation can include demonstrating that the alleged violation did not actually occur, or that any contact was unintentional and did not violate the specific terms of the order. A top Loveland, CO defense lawyer can help you develop the best strategy.