Defense Attorney for Restraining Orders
The Law Firm of Mark S. Hanchey also handles Civil Restraining Orders for both those seeking the protection of a Restraining Order against a person whom they feel are a threat to them or their family as well as the Defense of Restraining Orders against those who feel that a Restraining Order has been issued against them unjustly. The Colorado Court system handles Restraining Orders through the assignment of the Temporary Restraining Order application to a Magistrate and the resetting of the Temporary Restraining Order for a Hearing in order to assess whether it should or should not be made permanent. From the perspective of someone who has been served with a Restraining Order and who feels that it is unjust, there are several issues that should be understood.
First of all, any Restraining Order that is domestic in nature (meaning the protected party is someone with whom the respondent has had an intimate relationship) carries with it very important Second Amendment consequences. Should a Permanent Restraining Order be issued against someone who has had an intimate relationship with the protected party, that person immediately falls under the auspices of Federal Law which precludes possession of any firearm. Thus, for instance, a soldier who is served a Restraining Order and who ultimately has the Restraining Order made permanent against him or her cannot possess a firearm and for that reason will immediately be subject to Administrative Separation by his or her chain of command. The same is true for a person who simply wishes to possess a firearm for self-defense or hunting purposes.
Similarly, a Restraining Order which has been made permanent against one’s record will be easily accessible by potential employers, housing agencies and companies, admissions agents for colleges and service schools, as well as a vast variety of other interested parties. Quite obviously, such information is hugely prejudicial and for that reason, we take our handling of the Defense of Restraining Orders very seriously.
On the other hand, Restraining Orders are a valuable and necessary tool for the protection of vulnerable individuals and the Law Firm of Mark S. Hanchey has represented those individuals for many years throughout the state of Colorado. Should you feel that a Restraining Order is necessary in order to protect you or your family, our firm will be happy to speak with you and explain the process by which such a Restraining Order can be issued and the standard of proof necessary in order for that Restraining Order to be made permanent.Go Back