Protective Orders Used as Legal Weapons

Colorado law provides for protective orders, which are legal documents that are meant to protect individuals from “threatened, attempted or completed assaults, and/or bodily harm.” These orders can be granted to men, women and even employers. However, the vast majority of protective orders are issued against men who have been accused of domestic violence or child abuse. While the intent of protective orders is laudable, these orders can also be used as weapons against men in cases of and in custody proceedings.

Protective Order Basics

Protective orders, also known as “protection orders” and “restraining orders,” are orders issued by a court that provide for a variety of protections for a victim against an abuser. Protection orders prohibit threatening behavior, contact or communication with the victim and can even order the abuser into a counseling program.

There are two types of protective orders: a temporary order and a permanent order. Temporary orders are issued “ex parte,” meaning that the accused has no notice of the proceeding, and are binding until a full court hearing is held. In Colorado, a permanent protection order hearing must be held within 14 days after the temporary order has been issued. During the hearing, the accused has the opportunity to respond to the allegations before the judge may decide to make the order permanent.

Abuse of Protective Orders

Unfortunately, some unscrupulous lawyers and their clients use protective orders merely to further their bargaining position in . While morally unconscionable, false allegations gain leverage for child support, alimony payments and custody of the children. Since a person can obtain a restraining order for threatening behavior, no evidence of actual abuse is needed to obtain a protective order.

Effects of False Allegations

A father falsely accused of abuse during could be forced out of the marital home, denied access to his children and unfairly deemed a violent person. He also may be financially harmed by paying for two separate residences. Attempts to see his children may backfire and only reinforce the accusations made against him.

If you have been falsely accused of abuse and have a protective order against you, you should contact an experienced lawyer to protect your rights – whether they are criminal charges or civil charges during . Protective orders are to protect victims of abuse and fighting to protect your rights is essential to your future and the future of your family.