Protection orders can have permanent consequences on the lives of everyone involved. Whether you are seeking protection or defending yourself against a protection order, the results can affect your mental health, physical safety, family, job, and future. While Colorado allows individuals to represent themselves, doing so can put you at a significant disadvantage, regardless of which side you are on, especially if the other party has representation.
Here are seven reasons it’s crucial to attend a protection order hearing with an attorney.
What this post covers: Whether you’re seeking protection or have been served with a protection order in Colorado, this post breaks down seven reasons an attorney matters — from the burden of proof and courtroom procedure to how a hearing outcome can affect your parenting time, employment and firearm rights.
Why the Protected Party Needs an Attorney
1. Your Safety and Your Children’s Safety May Depend on the Outcome
A permanent protection order can be the one thing standing between you and continued abuse, harassment, stalking, or intimidation. Especially if a child is involved, the outcome can affect not only your safety but also the well-being of your child. An attorney helps ensure the strongest possible case is presented to the court and that all available protections under Colorado law are requested on your behalf.
2. The Restrained Party is Likely to Have an Attorney
Restrained parties usually hire an attorney because permanent protection orders stay on their legal records. It can affect their employment and housing opportunities, parenting time and ability to own firearms as well as tarnish their reputation. Going to court without representation while the other side has experienced counsel creates a significant disadvantage and can ultimately prevent you from obtaining the protection you need because you may not understand the legal process or know how to present the evidence required to obtain a permanent protection order.
3. You have the Burden of Proof
To grant a permanent protection order, a Colorado court must find one of the following:
- The restrained person committed acts that qualify for a protection order — such as domestic abuse, stalking, sexual violence, emotional abuse, threats, physical assault — and is likely to continue those acts or commit other acts meant to retaliate against or intimidate the protected person.
- It must be proven to be more likely than not that the restrained person engaged in sexually violent behavior and poses a credible risk of physical harm, or of physical, psychological or emotional harm, to the protected person.
At the permanent protection order hearing, the burden is on the protected party to provide the evidence that the order should be approved. This means providing a compelling case backed with factual evidence, not just emotional testimony, that portrays your need for ongoing protection. Your side must provide admissible evidence, present testimony, and examine witnesses. This can be a complicated and tedious process that requires knowledge of courtroom procedures making it difficult for the average person to effectively present their case without legal representation.
4. You May Have to Face Your Abuser in Court
One of the most difficult parts of a protection order hearing is the possibility of having to testify in front of or even answer questions from the person you are seeking protection from if they are self-represented. This can be traumatizing and intimidating, making it difficult to clearly tell your story. An attorney can prepare you for testifying through mock hearings and prepare you for all possible questions and outcomes, reducing some of the stress you may have and helping you communicate your experience accurately and effectively.
5. Attorneys Know Legal Options Beyond Going to Court
Attorneys understand the procedural options available when additional time or alternative resolutions are needed. For example, they can request a continuance (postponement of the hearing) or seek an extension of a temporary protection order when more preparation is needed. They also understand alternative legal strategies that many self-represented parties don’t necessarily know about. Attorneys can also draft agreements between the two parties for no contact and create parameters that wouldn’t be a formal protection but can have similar protections.
6. An Attorney Prevents the Other Party From Changing the Narrative
The restrained party may attempt to change the narrative, minimize their actions, or even shift the blame onto you in an effort to appear innocent and undermine your credibility. An attorney knows how to introduce evidence, to object to improper testimony and keep the hearing focused on the facts. Without representation, the restrained party may try to intimidate you and paint you as the aggressor.
7. Failing to Protect Your Rights Can Continue the Cycle
Some may use the process of obtaining a protection order itself a method to control the protected party and convince them to dismiss the case or make them fearful of the legal process to get them back into the cycle of abuse, intimidation or harassment. Having an attorney helps you level the playing field by protecting your legal rights, and this can reduce opportunities for further manipulation. Attorneys can also act as a buffer between you and the other party, allowing you to focus on your safety and well-being rather than respond to their intimations or pressures.
Why the Restrained Party Needs an Attorney
1. Your Job, Housing, Firearm Rights, and Reputation May be at Risk
A permanent protection order can have serious, long-lasting consequences. It can affect your ability to hold a professional license, limit your employment opportunities, and — depending on the findings in your case — restrict your right to possess or purchase firearms. These consequences can impact your career, reputation and future for years to come.
2. The Decision May Affect Parenting Time
Protection orders can have significant consequences for your relationship with your children and your family. Having a permanent protection order against you can impact future decisions regarding child custody matters like parenting time and decision making. This decision can negatively affect your parental rights and your relationship with your children. That’s why it’s essential to have experienced legal representation to protect your rights and have your side of the story fully present before a long-lasting decision can be made.
3. Protection Orders Become Part of the Public Record
A permanent protection order can be accessed publicly and may appear during background checks that employers, landlords or licensing agencies conduct. As a result, it can significantly impact your career opportunities, housing options and your overall reputation. These consequences can be so far-reaching that having experienced legal representation is especially important to protect yourself and your future.
4. You May Not Be the Aggressor
Although protection orders often involve legitimate victims seeking protection, there are claims where the protected party alleges they are the victim and exaggerates the allegations to paint you as the aggressor when you are not. An attorney can ensure your evidence is properly presented and your legal rights are protected so that the perpetrator is identified and the opposing party can’t claim it was you if it was not.
5. The Temporary Protection Order Has Already Been Granted
Before the permanent hearing occurs, a judge has already found sufficient cause to issue a temporary protection order. While this does not mean there is a guarantee that a permanent protection order will be granted, it does mean that the courts have found enough evidence to justify temporary legal protection. This can put you in a more challenging position, and you must be prepared to present evidence that can challenge the allegations against you. An attorney has done this process many times and can ensure that your side of the case is effectively presented and that you have the best opportunity to get a fair outcome.
6. Waiting Until the Hearing to Find an Attorney May Be Too Late
Protection orders hearings are typically scheduled quickly, and judges are often reluctant to repeatedly delay hearings so a party can find legal counsel. Obtaining representation quickly can make the process much smoother and provide you the best opportunity to prepare a defense to the claims without the stress of getting legal aid later in the process.
7. Your Testimony Can Affect Criminal Cases
Any statements made during a hearing for a permanent civil protection order can be used against you in a criminal case. Most people don’t know that their testimony can be used later in criminal proceedings. Having an attorney that can advise you about your Fifth Amendment rights not to self-incriminate and can help prevent testimony that could unintentionally expose you to additional legal consequences.
If you’re facing an upcoming Colorado protection orders hearing, don’t go it alone. Call Andersen Law PC to schedule your free consultation at 720-922-3880.
FAQs
Can I represent myself at a Colorado protection order hearing?
Colorado allows you to represent yourself, but doing so puts you at a disadvantage — especially if the other party has an attorney. You’ll be expected to understand courtroom procedure, present admissible evidence and, in some cases, question or be questioned by the other party directly.
What’s the difference between a temporary and permanent protection order?
A temporary protection order can be issued the same day a petition is filed, often without the restrained party present. A permanent protection order hearing follows, where both sides can present evidence, call witnesses and testify before a judge decides whether to make the order permanent.
Can what I say at a protection order hearing be used against me in a criminal case?
Yes. Testimony given during a civil protection order hearing can be used in a related criminal case. An attorney can advise you on your Fifth Amendment rights before you testify.
Does a protection order affect firearm rights in Colorado?
It depends on the findings in your case. Under Colorado law, a court must order a respondent to refrain from possessing or purchasing firearms when the protection order is based on an act of domestic violence involving the threat, use or attempted use of physical force. Not every protection order triggers this restriction.
How can a protection order affect parenting time?
A permanent protection order against you can factor into future child custody and parenting time decisions. Having legal representation helps ensure your side of the story is fully presented before those decisions are made.
