What Are The Consequences Of A Permanent Restraining Order?
As any attorney practicing in Colorado Springs will agree, we see the negative consequences of permanent restraining orders. Often, a person that has been served with a temporary restraining order will decide that they do not want to go to court and fight a contested hearing to keep it from going permanent. The restrained person may simply decide that they do not want to see the person that filed for the protective order, and decide that a permanent restraining order does not matter. People that make this type of decision will likely regret it for many years, if not for most of their life.
If a person is served with a temporary protection order and then fails to show up in court, the plaintiff / petitioner may request that the protective order be made permanent by the court. If served, it is very important to seek the advice of competent legal counsel that is familiar with this area of law. A lawyer will be able to discuss the facts of the case, the allegations, and the elements necessary to be proven in court.
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Consequences For Military / Hunters / Personal Protection
Colorado Springs, located in El Paso County Colorado, has several military installations. Fort Carson, the Air Force Academy, Shriver Air Force Base, and Peterson Air Force Base surround the City of Colorado Springs. In addition to the Army and Air Force bases, Colorado has a large percentage of outdoorsmen and women that enjoy hunting. Perhaps one of the biggest negative consequences is the right to own or possess a firearm or gun, including any weapons in the military, hunting rifles, and hand guns for personal protection. If a person has a permanent restraining order against them that is related to domestic violence, that person will not be able to own, possess, or control a firearm, gun or rifle. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. Likewise, an avid hunter will not be allowed to own, possess, or use a firearm.
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A permanent protection / restraining order has negative consequences in the workforce. As information technology has advanced, it has become very easy to run a background check on person applying for a job or on a person that is currently employed. An employer can run a background check in a matter of minutes at a relatively low cost. If the background check reveals a protection order, the employer may assume the worst, that the person is extremely violent. Likewise, a current employer may run a background check on its employees randomly, and dismiss or fire employees that have negative items on their background like restraining orders. Also, with information technology many companies require employees to pass security clearance. If the protection order is not deemed domestic violence related, it may not end the career of a person in the military. However, advancing or obtaining a security clearance may become an issue.
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Child Custody Consequences
A restraining order can also have consequences regarding any children. The restraining order itself may list the children as protected parties. If the children are listed as protected parties in the temporary restraining order it is important to address this at a hearing. Also, a permanent restraining order may create issues with child custody in a pending divorce or current child visitation or parenting plan.
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Also, housing can be an issue. When either a temporary or permanent restraining order is issued against a person that is living with the protected party, the restrained party will not be allowed in the home. There is an exception to gather some belongings like cloths, personal information or things necessary for work. Also, a landlord may elect to not allow a person to rent a property if they do not pass a background check. A permanent restraining order may suggest to the property owner or landlord that the restrained party is violent in nature. Although a landlord cannot discriminate based on race, religion, gender, age (except minors), they can decide to not enter into a lease based on other reasons. A landlord certainly does not want a tenant in an apartment that may cause others to move out, or even damage to the property being rented or leased. Additionally, a lease may contain a clause that the landlord has a right to evict a person if something new is discovered on a background check.
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Risk Of Future Criminal Charges
Violation of a protection order can result in criminal charges against the person. Colorado law has a criminal charge for violation of a restraining order.
Obviously, a person that is served with a protection order needs to take it seriously. The Law Offices of Clifton Black, P.C. is always willing to provide a free initial consultation.