Fort Morgan Restraining
Order Lawyer

Bruno Lilly LeClere

At Bruno Lilly LeClere, PLLC, our Fort Morgan restraining order lawyers have the expertise and experience you can rely on. With a commitment to personalized legal representation and a record of proven results, we go above and beyond to protect the rights and best interests of our clients.

Whether you are facing domestic violence charges or a protection order, our Fort Morgan, CO, attorneys are here to guide you through the criminal justice system and provide the best defense possible. Our law firm understands the serious implications that restraining orders and criminal charges can have on your future, and we are dedicated to fighting for the best outcome in your case.

What is a Restraining Order and How Does it Work?

Domestic violence remains a serious concern in our communities. According to a comprehensive report from the Colorado Attorney General, there are thousands of domestic violence charges filed in the state each year. A restraining order (protection order) may be put in place to help provide for the victim. In the context of criminal law in Colorado, a restraining order is a type of court order that limits the interactions an alleged abuser can have with an alleged victim.

It works to create a safer space for the victim. In Colorado, courts grant these orders based on the evidence of imminent danger presented. They may be put in place even without an initial criminal charge, such as in cases of domestic violence or other crimes involving family members. Attorneys specializing in domestic violence law help navigate the legal system to obtain protection for victims in cases related to domestic violence.

What are the Types of Restraining Orders in Morgan County?

Our state’s restraining order laws are comprehensive. There are several different types of restraining orders that may be put in place based on the specific situation. Here is an overview of the types of restraining orders in Morgan County and across Northern Colorado: 

• Temporary Restraining Order: A temporary restraining order in a domestic violence case requires only the victim’s testimony. It does not necessitate the alleged abuser’s presence at the initial issuance. The TRO remains effective until a full hearing is conducted. The general timeline in Fort Morgan is around two weeks. 
• Permanent Protection Order: A permanent protective order is established following a formal court hearing where both the victim and the accused can present evidence and testimony. If the judge determines ongoing risk to the victim, the order is made permanent. 
• Emergency Protection Order: What if the courts are closed? A victim of domestic violence can still get an immediate restraining order. An emergency order of protection can be issued by police in Fort Morgan and will last until the close of the following business day. 
• Criminal Restraining Order: A criminal restraining order may come into play if the accused person is arrested and formally charged with a domestic violence-related criminal offense. It is enforced by the criminal court and it serves to protect the victim throughout the criminal justice process. 

You Can Be Arrested for Violating a Restraining Order – We Can Defend You

What happens if you violate the terms of any type of domestic violence restraining order in Fort Morgan and elsewhere in Morgan County? You can be immediately arrested and charged with a serious crime. Under Colorado law (CRS 18-6-803.5), it is a Class 1 misdemeanor offense to violate a restraining order if you knew or should have known about its existence. To be clear, if the (alleged) offender knowingly breaches this order by any form of harassment, intimidation, or physical contact, they commit a criminal offense. Our Fort Morgan defense attorney can help protect your rights during the prosecution of domestic violence charges.

Criminal Penalties for Violating a Restraining Order

Arrested and charged with violating a restraining order for domestic violence in Morgan County? It is crucial that you know the penalties that you could end up facing. Remember, the offense is a Class 1 misdemeanor in Colorado. A conviction under CRS 18-6-803.5 carries a maximum sentence of a $1,000 fine and up to 364 days in jail (18 months in jail for a criminal domestic violence restraining order violation). There can be other adverse consequences as well. Our Fort Morgan, CO criminal defense lawyers will help you navigate the criminal justice process—with a focus on protecting you from penalties associated with a restraining order violation.  

Why Trust Our Fort Morgan, CO Restraining Order Attorneys?

Navigating a restraining order is complicated. It is normal to have a ton of questions about your rights and your obligations. Our Colorado defense lawyers, Havilah Louise Bruno Lilly and Andrew LeClere, are committed to personalized guidance and support. We are always proactive. Along with other things, our Fort Morgan restraining order lawyers are prepared to:

• Hear your story and answer your questions about restraining orders;
• Investigate the incident(s)—gathering and preparing all relevant evidence; and
• Take action to protect your rights and help you get the best possible outcome.

How Our Defense Attorneys Defend Your Rights

Facing a restraining order or charges related to domestic violence can be overwhelming, but a Fort Morgan restraining order lawyer can provide the legal help necessary to defend your rights. Our experienced criminal defense lawyers in Fort Morgan, CO, specialize in protecting clients from the serious implications of domestic violence charges. Here’s how we can assist you:

• Legal Guidance: Our Fort Morgan lawyers offer personalized legal support, answering your questions and helping you understand the restraining order process.
• Investigation: We thoroughly investigate the circumstances surrounding your criminal case, gathering relevant evidence to support your defense.
• Challenge Violations: If you’ve been accused of violating a restraining order, our criminal defense attorneys will work to challenge the prosecution’s claims and protect your rights.
• Experienced Counsel: With many years of experience handling domestic violence cases, our Fort Morgan CO defense team knows the ins and outs of Colorado’s legal system.
• Protect Your Future: We aim to minimize the consequences of a criminal defense case and fight for the best possible outcome, whether in court or through negotiation.

Our Fort Morgan office is ready to assist with all restraining order issues and domestic violence charges, providing you with the best defense possible.

Frequently Asked Questions in Fort Morgan

Is it Possible to Get a Restraining Order Terminated Early in Fort Morgan?

Yes. It is possible to get a restraining order terminated in Morgan County, Colorado. With that being said, you cannot unilaterally do so on your own. Doing so requires filing a motion and convincing the court that there’s a valid reason to end the order.

Do You Have to Renew a Permanent Restraining Order?

No. You do not need to renew a permanent restraining order in Colorado. Once it is issued, it remains in effect indefinitely unless a judge changes or dismisses it. The protection it offers continues without the need for renewal. 

What are the Legal Defenses to a Restraining Order Violation?

The proper defense strategy will depend on the specific circumstances of your case. Defenses to a charge of violating a restraining order can include lack of knowledge of the order—especially if it wasn’t properly served. Alternatively, you may be able to raise an argument that no violation occurred because the contact was incidental or not direct. Another defense might be that the actions were necessary and reasonable—like reaching out due to a family emergency.