Fort Collins Emergency Order Attorney

There are times when waiting for the normal legal process to play out simply won’t work because of an immediate danger of some kind, or wrongdoing that must be stopped without delay. As the saying goes, “The wheels of justice turn slowly,” but in an emergency, they need to operate at high speed before someone suffers irreparable harm.

Emergency Orders of Protection

Ending a marriage or other domestic relationship can be emotionally intense and often involves anger, jealousy, hurt feelings, and even a desire for revenge. Sometimes an ongoing pattern of abuse is the main reason for the split. In the emotional maelstrom at the ending of a relationship, it is not uncommon for one partner or both to act or behave in a way that is deliberately harmful to the other.

A spouse being sued for divorce will sometimes refuse to leave the marital home, creating a potentially explosive situation for all concerned. One partner will sometimes hurry to empty joint bank accounts, sell off marital assets, or transfer funds to make them unavailable to the other spouse. When emotions run so high that violence occurs or is threatened, the partner who is the victim of the violence or threats may fear for his or her safety.

If you are afraid your soon-to-be-ex spouse or domestic partner is planning to do something to harm you, your Fort Collins family law attorney can file an emergency motion for an order of protection with the court. When there is evidence of child abuse or domestic violence, the court will usually hear an ex parte motion. An ex parte motion is a request by one party, without notification to the other, for a temporary restraining or protective order. Based on your testimony alone, the court could issue a temporary order of protection, requiring the other party to stay away from you, your kids, until a hearing can be held.

Contact the Fort Collins divorce attorneys at The Law Office of Stephen Vertucci, LLC at (970) 900-1800 so you can understand how to protect your interests and how to develop strategies that place you in the best position to reach your goals in a tough situation.

What Is a Restraining Order During a Divorce In Fort Collins?

A restraining order is an emergency order of protection issued by the court to prevent one spouse from contacting the other including in person or through text messaging, phone calls, or emails. Court-issued restraining orders protect victims from domestic abuse, assault, stalking, or harassment.

During an emergency situation with police involvement, the police can generate an emergency restraining order for a victim of violent assault, threats, or intimidation at the scene by requesting an emergency order from a judge. The judge quickly reviews the circumstances based on the police report and can issue an immediately effective retraining order.

The order forces the offender (the subject of the order) to leave the premises, even if they own the property. Most retraining orders also require the subject to turn in any firearms or other dangerous weapons in their possession. 

What Behaviors Does an Emergency Restraining Order In Fort Collins Prohibit?

Emergency protective orders, or restraining orders, protect the applicant from danger or the threat of danger by prohibiting the subject of the order from doing any of the following:

• Making contact personally, in writing, electronically, through social media platforms, or through a third party
• Coming within a specific distance
• Injuring, molesting, or assaulting
• Harassing, threatening, or intimidating
• Appearing at the applicant’s workplace or places they’re known to frequent
• Stalking
• Remaining on the premises or re-entering the victim’s premises
• Threatening or approaching pets

An emergency restraining order or protective order is a very effective tool to protect a spouse against abuse or threats during the divorce process and may become a permanent restraining order after the divorce is final, extending the protection for the long term unless either party requests a modification or termination of the order and a judge grants the petition.

Under What Circumstances Will a Judge Issue an Emergency Order to Restrict Parenting Time In Colorado?

If one spouse has reason to believe that the other spouse presents an immediate danger to their children, they must make a compelling claim to the court, with substantive evidence. The Colorado court makes all decisions in the best interests of the child and begins each child custody case with the presumption that continued close contact with both parents is in a child’s best interest.

This presumption is rebuttable—meaning a parent may rebut the court’s presumption by showing evidence that it’s not in the child’s best interest to spend time in the other parent’s custody and that an emergency order is necessary to protect the child’s physical or emotional well-being. 

A parent must file a motion to restrict parenting time in a court of their jurisdiction only if they have reason to believe the children are endangered and clear evidence to support their claim. It may take up to 14 days for the court to make a ruling. During this period, the court typically orders supervised parenting time with an unrelated person present.

The court may issue emergency orders restricting one parent’s share of the parenting time for any of the following causes:

• Child abuse or mistreatment
• Serious child neglect
• Sexual abuse
• A parent’s chronic addiction which places the children in jeopardy
• The parent has abandoned the child
• The parent has neglected the child’s necessary medical care, endangering their health
• Criminality or conviction for a violent crime
• The parent is in a new relationship with a convicted sex offender and has exposed the children to the offender
• The parent has a mental health problem that places the children at risk of harm

It’s imperative to provide clear and compelling evidence of any of the above claims. An applicant must tell the court that their child faces an imminent threat of danger if the court doesn’t approve the protective order. Making false accusations against the other parent during a child custody case can result in a court limiting or restricting the accuser’s parenting time.

If warranted, the court will also schedule a hearing for permanent protective orders during which the applicant must appear in court and the subject of the order has a chance to defend themselves if they choose to appear. If the subject doesn’t appear in court, the judge typically grants a permanent protective order.

When one spouse has a restraining order against the other and they must communicate to complete their divorce process, they may communicate only through their attorneys.

Emergency Child Custody Orders

In Colorado, custody of children is determined based on the best interests of the child. When a child has been endangered, neglected, or abused, or is living in a volatile environment, especially in the presence of domestic violence, an emergency custody order may be required to immediately remove the child to a safer environment. Even if the child is not the actual victim of the violence, the motion could require that visitation be supervised by a neutral third party appointed by the court.

You may also request an emergency restraining order if there is reason to believe the other parent may kidnap the child. The request can be made by one parent ex parte and will be in place until a hearing can be scheduled where both sides can be heard or speak to a Fort Collins emergency order attorney for more information.

Are Temporary Child Custody Orders and Emergency Child Custody Orders in Fort Collins the Same Thing?

Emergency child custody orders or restrictions on parenting time result from one parent’s alleged child abuse, neglect, or abandonment, or from a serious addiction that endangers the children. This isn’t the same as temporary child custody orders.

In a typical divorce involving children, parents request a temporary child custody order to put parameters in place during the 91-day waiting period between filing the divorce petition and the final hearing. Temporary parenting time orders establish a structure for sharing child custody so one parent isn’t deprived of their time with the children during the separation and pending the final dissolution of the marriage.

After the parents decide on a permanent parenting-time schedule in their divorce settlement agreement in an uncontested divorce or a judge decides on child custody during disputes in a contested divorce, the temporary custody order may become permanent or the final order may differ from the temporary one.

Emergency Order to Protect Marital Assets

If you discover that your soon-to-be ex-spouse is absconding with, selling, or transferring title to marital assets, you may file a motion to safeguard those assets. The matter may be set for a hearing, at which you will both appear and, with the help of your lawyer, you will make your arguments to extend the order until the dissolution of your marriage is final, and the division of assets complete.

For best results, you should consult with your Fort Collins emergency order lawyer to develop a strategy of how best to protect your assets.

What Is a Temporary Injunction to Protect Marital Assets?

Protecting your share of the marital assets may become an emergency if a spouse begins hiding or dissipating assets. If you notice bank account balances disappearing or a spouse is suddenly spending far outside of their normal budget on things like luxury vacations, jewelry, cars, or purchasing expensive gifts for others, it’s a red flag that they are hiding or dissipating assets to keep you from obtaining your fair share under Colorado’s “fair and equitable division of marital assets” standard.

In some cases, spouses try to hide assets by giving “loans” to friends with the understanding that the friend holds the amount until after the divorce. Under any of these circumstances, a divorcing spouse may speak to their attorney about a preliminary injunction to safeguard their marital assets.

A preliminary injunction prevents both spouses from large expenditures or from making transfers between accounts. It essentially freezes their assets other than an allowed amount for ordinary living expenses during the process of financial disclosure. If either spouse needs to make a transaction beyond their normal routine expenses they require permission from the other spouse.

A preliminary injunction may also require a higher-earning spouse to continue paying the mortgage, rent, and household expenses until a judge issues the final terms of the divorce with or without a spousal support order in the final divorce decree.

Getting the Legal Help You Need When You, Your Children, or Your Marital Assets Are Threatened

Colorado’s courts take these matters very seriously. The dissolution of a marriage or the end of a relationship can and should be handled in such a way that no one is physically harmed or financially disadvantaged during the process. Protect yourself, your children, and/or your assets by hiring an experienced Fort Collins emergency order attorney.

Call The Law Office of Stephen Vertucci, LLC at (970) 900-1800 for immediate and aggressive action when you, your children, or your marital assets are being threatened. A delay could have serious consequences, so act quickly. Contact our firm today.