If you are facing a restraining order in Colorado, it is normal to feel confused, worried, or even overwhelmed. A restraining order, also called a protection order, can have serious consequences, and it is crucial to understand your rights and the steps you need to take to protect yourself. Many people are surprised when they are served with a restraining order, especially if they did not expect it or if they feel the order was issued unfairly.
At this time, you may feel like you do not have control over your situation. You might not know how to contest the order or what evidence is required to fight back. It is important to understand that you have the right to defend yourself against a restraining order. If you are facing these concerns, it may be time to speak with an experienced attorney who can guide you through the process of challenging the order. You do not have to face this situation alone. At, Law Firm of Mark S. Hanchey , we are here to guide you through the legal process and help you navigate the complexities of your case.
With You Every Step of the Journey
When you need legal help, Mark Hanchey and Ben Peterson are here to guide you through it all. One step at a time. Reach out today for legal support. Get The Law Firm of Mark S. Hanchey and Ben Peterson fighting for you
Free Consultation Download PDFThe Importance of Gathering Evidence
When you are fighting a restraining order, one of the most important things you can do is gather evidence that can support your side of the case. Evidence can be the difference between having the restraining order lifted or facing long-term restrictions on your life. Gathering evidence involves collecting anything that shows you did not engage in the behavior that led to the restraining order, or that the allegations made against you are false or exaggerated.
In Colorado, the court will review all available evidence when deciding whether to issue or remove a restraining order. If you want to contest the order, it is essential to be prepared with facts that can prove your innocence or support your side of the story.
Types of Evidence That Can Help Contest a Restraining Order
There are several types of evidence that can be crucial in contesting a restraining order. While every case is different, there are common types of evidence that can strengthen your position in court. One of the most powerful forms of evidence is witness testimony. If there are people who were present at the time of the alleged incident or who have knowledge about your relationship with the person who filed the restraining order, their testimony can be important. They may be able to support your version of events, showing that you were not involved in any harmful or threatening behavior.
Another key form of evidence is physical evidence. This can include text messages, emails, social media posts, or any other written communication that shows your intent or refutes the claims made against you. If the person who filed the restraining order is accusing you of threatening or harassing them through these channels, having copies of the communication can show that the allegations are unfounded.
Additionally, any documentation that shows your whereabouts at the time of the alleged incident can be valuable. For example, if you can prove that you were at work or somewhere else when the alleged event took place, this could help to disprove the accusations. Surveillance footage or photos from the time in question can also be important in proving your innocence.
Any prior history of the accuser making false claims or being involved in behavior that undermines their credibility could be helpful. If there have been previous instances where the accuser lied or made false accusations, this information can help to question their reliability as a witness.
Organizing Your Evidence Effectively
Once you start collecting evidence, it is important to organize it in a way that is easy to present to the court. Disorganized or incomplete evidence can be difficult for a judge to evaluate, so take the time to ensure that all of your evidence is well-organized. Keep records of any documents you collect, and ensure that you have a clear timeline of events leading up to the restraining order.
If you have witnesses who can testify on your behalf, make sure to gather their contact information and ask them to write down what they remember about the situation. A statement from a witness can carry weight in court, but only if it is clear and concise. Also, it is important to make sure that your evidence is admissible in court. Some evidence may not be allowed, depending on how it was obtained or whether it is deemed irrelevant. An attorney can help ensure that the evidence you collect is appropriate and useful for your case.
Working with an Attorney to Strengthen Your Case
While gathering evidence is essential to contesting a restraining order, having legal guidance is equally important. A skilled attorney can help you understand the types of evidence that will be most helpful for your case and guide you through the process of collecting and presenting that evidence. An attorney can also help you understand the legal procedures involved in contesting a restraining order and ensure that all paperwork is filed correctly and on time.
The court process for challenging a restraining order can be complicated, and without the right legal support, it can be difficult to navigate. By working with an attorney, you can ensure that you are taking all of the necessary steps to protect your rights and give yourself the best chance of success. Your attorney can also help you to evaluate the strength of your case and advise you on whether it makes sense to contest the restraining order in the first place.
Bridgette Carabajal
I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.
Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
David Walker
I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.
What to Expect in Court
When you contest a restraining order in Colorado, you will typically have a hearing where both parties present their evidence and arguments to the judge. During the hearing, the judge will review the evidence and listen to any testimony before making a decision. It is important to remember that the judge’s decision will be based on the evidence presented in court, so it is crucial to present a strong case.
If you have gathered strong evidence that disproves the claims against you, or if the accuser fails to prove their case, the judge may decide to dismiss the restraining order. However, it is important to keep in mind that the outcome is not guaranteed, and the judge may still decide to issue a permanent restraining order if they believe the evidence supports it.
Fighting a restraining order can be a stressful and emotionally charged process, but with the right legal support, you can have confidence in your case. At the Law Firm of Mark S. Hanchey, we understand the challenges you are facing, and we are committed to helping you navigate the legal system. Our team will work with you to gather the right evidence, organize your case, and ensure that you are fully prepared for your court hearing.
If you are facing a restraining order and want to discuss how we can help you gather evidence to contest it, do not hesitate to reach out to us. Our firm has extensive experience in handling restraining order cases, and we are here to fight for your rights. Contact the Law Firm of Mark S. Hanchey today to schedule a consultation and take the first step toward resolving your case.