In Colorado, courts issue restraining orders—also known as protection orders—to prevent alleged harassment, abuse, or threats. If you’ve been served with a restraining order in Loveland or anywhere in Larimer County, it’s critical to understand the legal differences between temporary and permanent orders and how to defend yourself effectively. At Bruno Lilly LeClere, PLLC, our Loveland criminal defense attorneys are ready to protect your rights and help you navigate the legal process. Call us at (720) 340-1373 for immediate assistance.
Understanding Temporary vs. Permanent Restraining Orders
Temporary Restraining Orders (TROs): A TRO is issued quickly—often without the accused being present—to provide immediate protection. The person requesting the order (the petitioner) must convince the judge that they are in immediate danger. TROs usually last for up to 14 days, at which point a hearing is held to determine if the order should be dismissed or extended into a permanent protection order.
Permanent Restraining Orders (PROs): If a judge determines that ongoing protection is necessary, a TRO can become a permanent restraining order after a court hearing. Permanent orders can last indefinitely, affecting your ability to contact the petitioner, own firearms, or visit certain places. However, these orders can sometimes be modified or dismissed with legal action.
Common Defense Strategies Against Restraining Orders
If you’ve been served with a restraining order, it does not mean you are guilty of any crime. However, violating the order—even unintentionally—can lead to criminal charges. Our firm will evaluate the facts of your case and may use the following defense strategies:
- Lack of Evidence: Judges require sufficient proof that a restraining order is necessary. If the petitioner lacks credible evidence, we can argue for dismissal.
- False Allegations: Unfortunately, some individuals seek restraining orders based on false claims, often in family law disputes. We can challenge these claims with witness testimony, text messages, and other evidence.
- Violation of Due Process: If you were not properly notified about the restraining order hearing or given a chance to present your defense, we may be able to challenge the order on procedural grounds.
- Modification or Termination: If circumstances change, we can petition the court to modify or remove a permanent order.
Why You Need an Experienced Defense Attorney
A restraining order can have serious consequences, including restrictions on where you can go, who you can see, and even your employment opportunities. At Bruno Lilly LeClere, PLLC, we understand how these orders impact your life, and we are dedicated to ensuring you receive a fair defense. If you are facing a temporary or permanent restraining order in Loveland or Larimer County, don’t face it alone. Call us today at (720) 340-1373 for a confidential consultation and let us help protect your rights and your future.