The purpose of a restraining order is to protect people from harm or significant loss. However, there are times where citizens try to misuse a restraining order for their own gain.
If you face a restraining order due to false allegations, it may be possible to beat it. To do so, it is important you fully understand what the order entails.
Definition
Simply stated, a restraining order is an order of the court that prevents a person or party from certain activities. Most individuals are familiar with the types of orders that prevent people from being within a certain distance of another person. However, there are also orders that prohibit individuals from performing other actions, such as accessing or utilizing certain accounts during or before divorce proceedings. To gain a full understanding of its components, it may be helpful to become familiar with Colorado’s civil protection order.
Fighting the order
In the case of a restraining order, the claimant only has to show a preponderance of the evidence, meaning the evidence must only show the accusation is more likely to be true than false. It stands as the lowest legal standard and is often awarded upon weak evidence, especially in cases of temporary restraining orders. However, in regards to permanent restraining orders, individuals have two options:
- Agree to the order.
- Contest the allegations.
If the individual chooses to contest, a hearing date is set, and both sides prepare and present evidence to validate their claims. The court hears and reviews the evidence, then makes a decision. Having a knowledgeable attorney is often beneficial for those seeking to fight the order, especially in cases dealing with domestic abuse allegations.
This is just a brief overview of Colorado restraining orders. If you or a loved one faces such an order, take some time to review the law and the process to determine the best course of action.