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Will a restraining order keep me from seeing my kids?

Colorado restraining orders, also called “protective orders,” are most often used to keep spouses or exes apart after domestic abuse has occurred. A valid protection order issued by another state is also honored and enforced in Colorado and other states.

If your ex is looking to get a protective order against you, you may be temporarily restricted from contacting your children. However, visitation with children can be established in a protective order.

Read on to learn more about rights to your children when there is a protective order in place.

A protective order protects the plaintiff by ordering the defendant stay a certain distance away from the plaintiff’s home (even if shared), workplace, children’s school or day care and other public places visited by the plaintiff. Temporary protective orders have the same powers and usually lasts about 14 days or until the permanent protection order hearing.

If you and your ex have children together, the protective order will allow your ex to take temporary care and control of the children.

However, the order will set parenting time, also called “visitation,” arrangements for you to see the children, unless a court determines that the children have been harmed or would be in imminent danger of being harmed in your presence.

Any protection order keeping you from your children can only last for 120 days. A domestic relations case would need to be filed in District Court to deny your parental rights beyond this period of time.

Each circumstance is different and certain exceptions may apply. If you may be facing charges for domestic abuse or are worried about being denied sufficient custody of your children, contact the Law Offices of David A. Helmer, LLC for help. We’ll help you share your side of the story and explain how your rights are protected.

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