Statutory Civil Protection Orders For Victims Of Domestic Violence
At The Law Center P.C. in Highlands Ranch, we have extensive experience in matters related to domestic violence and civil protection orders throughout the state. In fact, attorney Robert B. Wareham co-authored the section on civil protection orders in the “Practitioners’ Guide to Colorado Domestic Relations Law.”
In addition, Mr. Wareham served as a law enforcement officer for many years before becoming a family law attorney. He truly understands the issues at stake when someone requires immediate protection or is unjustly charged with domestic abuse.
Diligently Protecting Those In Danger Of Abuse
The safety and well-being of our clients and their children are of paramount importance to us, and we know how to move quickly to protect victims of financial or physical abuse. If clients come to our office at 9 a.m., we can often get them into court by 1 p.m. to obtain a temporary civil protection order (also called a restraining order).
A civil protection order will prohibit the other person from visiting you, calling you, emailing you, texting you or contacting you by any other means.
Extreme Risk Protection Orders (Red Flag Law)
In 2019, the Colorado General Assembly passed HB19-1177, which created a new class of protection order known as an extreme risk protection order (ERPO). This ill-advised and poorly crafted piece of legislation allows a broad group of individuals to file a petition alleging that an individual poses an extreme risk to themselves or others due to a mental health condition. The petitioner need not have any mental health training whatsoever. The bill becomes law on Jan. 1, 2020, to allow the judiciary time to set up procedures.
If the court, by a mere preponderance of the evidence, finds that the risk exists, the court may issue an order that all firearms of the accused be surrendered to law enforcement. This is all done in secret without notice to the accused (respondent). Law enforcement is then charged with seizing all firearms from the respondent and the matter is set for a hearing not more than 14 days after the temporary ERPO is issued.
The Law Center P.C.‘s managing director, Robert Wareham, testified against the bill before a committee of the Colorado Senate. Nonetheless, the unconstitutional and fatally flawed bill passed both houses and was sent to the governor.
The Law Center P.C. has put in place procedures to quickly respond to ERPOs on behalf of respondents. Mental health professionals stand ready to perform expedited mental health evaluations so that expert testimony can be proffered at the first hearing.
BECAUSE THE LAW CENTER P.C. BELIEVES THAT EXTREME RISK PROTECTION ORDERS VIOLATE THE SECOND, FOURTH AND FIFTH AMENDMENTS TO THE U.S. CONSTITUTION AND ARTICLE II, SECTION 13 OF THE COLORADO CONSTITUTION, (“The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; …“); THE LAW CENTER P.C. WILL NOT REPRESENT PETITIONERS FOR EXTREME RISK PROTECTION ORDERS.
If you are served with an extreme risk protection order, contact The Law Center P.C. immediately. Unlike many law firms staffed by liberal lawyers who don’t care about your Second Amendment rights, The Law Center P.C. has capable litigators who exercise their Second Amendment rights every day and are prepared to challenge this unlawful confiscation, all the way to the U.S. Supreme Court, if necessary.
Do not entrust your Second Amendment rights to a government-appointed lawyer being paid $80 an hour. Get the finest representation and protection of your firearms rights that money can purchase. Call the Law Center P.C. today!
Providing Experienced Criminal Justice Representation
We also represent individuals accused of domestic violence. All too often, spouses and significant others are charged with this crime for relatively minor actions. For instance, jeopardizing someone’s financial security can fall under the umbrella of domestic violence. Threatening to close a joint bank account, cutting up a spouse’s credit cards and other seemingly harmless actions may potentially be considered criminal offenses. Even worse, sometimes the victim gets arrested because they are honest when telling how they defended themselves while the perpetrator denies doing anything.