The term “domestic violence” generally refers to violence and threats of violence between family and household members. It frequently relates to violence between spouses (spousal abuse), parents and children (child abuse), and other relatives. In Colorado, if someone is a victim of domestic violence, they can ask the court for a restraining order, also known as a domestic violence restraining order.
Colorado restraining orders are enforceable throughout Colorado, but they are also enforceable nationwide. For example, if a female victim were to move to Utah and her husband, the abuser, followed the victim and physically attacked her there, the restraining order would still be in force.
What Can a Restraining Order Do?
For starters, if the court issues a restraining order, it orders the abuser to immediately STOP committing any further acts of abuse against the victims named in the order. However, a restraining order can do much more than that. A restraining order can also do the following:
- Order the abuser (defendant) to move out.
- Order the abuser to give up their firearms.
- Give the victim temporary care and control of the couple’s minor children.
- Order the defendant not to call the victims protected in the order.
- Order the defendant to stay away from the victim’s home, school, and place of work.
- Deny parenting time if the defendant was harming the children.
“If someone obtains a restraining order against me, does it mean I will have to go to jail?” The restraining order itself does not send a defendant to jail; however, it is a crime to violate a restraining order. For example, if a defendant is ordered to stay away from his victim but he goes to her house and assaults her, he would be in violation of the restraining order, which is a separate crime from domestic violence.
Related: “Effects of a Denver Restraining Order”
Facing domestic violence charges in Denver, Adams, Jefferson, Douglas or Arapahoe County? If so, contact my office at (720) 809-8262 for a FREE case evaluation.