Colorado Springs Restraining Order Lawyers — Protection Order Defense in El Paso County
A restraining order in Colorado Springs can restrict your housing, your contact with family members, your access to your children, and — for military personnel and law enforcement — your ability to carry a firearm and perform your duties. Civil protection orders and criminal restraining orders each carry their own legal standards and consequences, and both can appear in background checks and affect employment. Burnham Law’s Colorado Springs restraining order attorneys represent both individuals seeking protection and those defending against orders in El Paso County, providing the prepared, aggressive representation these proceedings require.
Jeremy Wooten, is a seasoned trial attorney who specializes in criminal defense and family law, leveraging a wealth of experience honed over five years at the Colorado State Public Defenders’ Office. Rising to Senior Deputy Public Defender, he successfully managed a diverse caseload, including serious charges like first-degree homicide, drug distribution, and economic crimes, always maintaining an unwavering commitment to client advocacy. Licensed in both Texas and Colorado, Jeremy's legal expertise is defined by strategic planning—meticulously crafting and executing well-thought-out trial strategies—and remarkable resourcefulness in finding innovative solutions to complex legal challenges in both the criminal and family law arenas. His practice is characterized by agile, client-centered advocacy, which relies on adaptability, active listening, and quick thinking essential for effective trial work. Jeremy prioritizes thoroughly understanding his clients' objectives and adapting his strategies dynamically to the evolving nature of trials. His resilience and strategic agility allow him to confidently navigate unexpected developments in the courtroom, ensuring each case is expertly...
Julian Rosielle has been licensed to practice law in Colorado since 2006. Julian is a graduate of the University of Colorado School of Law, where he was on the Dean’s List and an associate editor of the University of Colorado Law Review. Julian practiced exclusively in the area of criminal law for the first thirteen years of his career and has several notable case outcomes to include not guilty verdicts on charges of homicide and assault. Julian has extensive trial experience, ranging from Death Penalty cases to misdemeanor domestic violence to driving under the influence. Beginning in 2019, Julian’s practice has expanded to include domestic relations litigation and civil protection orders. Julian has lived in Colorado since 2004 and when not in Court enjoys hiking with his family and dogs.
Kate strives to have a client-oriented practice where she can assist her clients in all stages of litigation. Prior to joining Burnham, Kate was an associate at an AmLaw Firm where she worked on various types of complex litigation representing large corporations, municipalities, and individuals. Before going into private practice, Kate was an Assistant Public Defender in Miami-Dade County where she tried over twenty cases. Kate has been able to develop a well-rounded practice by working in both the private and public sectors. Kate has honed her skill sets from her prior experience so she can be a zealous advocate for her clients. In her spare time, Kate enjoys spending time with her husband in the outdoors, traveling, and visiting family.
Miguel C. Mondragon is a tenacious and dedicated attorney who is fiercely committed to his clients and their legal outcomes. Recognizing that clients facing divorce or criminal charges are often in their most vulnerable state, Miguel acts as a passionate advocate, ensuring they have a voice within the legal system. Growing up in southern Colorado, Miguel developed a strong work ethic by working in construction, lumber, and brickyards while attending college. Before becoming an attorney, his interest in law was sparked by his work within the Larimer County Corrections system. While attending the University of South Dakota School of Law, he gained valuable experience working with East River Legal Services, the Colorado State Public Defenders Office, and Samuelson Law. Upon graduation, Miguel honed his skills first as a solo practitioner, then at Weaver & Associates, P.C., before founding Mondragon Law, where he specialized in criminal defense and family law. He brings this deep experience and tenacity to his current role...
Restraining Orders and Protection Orders in Colorado
Colorado’s civil protection order framework provides for temporary protection orders (TPOs), which can be issued ex parte on the day of filing based solely on the petitioner’s sworn statement, and permanent protection orders (PPOs), which are issued after a hearing where both parties have the right to appear and present evidence. The TPO remains in effect until the PPO hearing, which must be set within 14 days. At the PPO hearing, the standard is preponderance of the evidence — the petitioner must show that the alleged conduct more likely than not occurred and that continued protection is warranted.
Criminal protection orders are issued automatically by the court in criminal cases — particularly domestic violence, stalking, harassment, and similar offenses — as a condition of bond or sentence. Unlike civil protection orders, criminal protection orders cannot be modified by agreement between the parties and can only be changed by court order. Violating either type of protection order is a separate criminal offense that typically results in arrest and loss of bond.
For military personnel and law enforcement officers in Colorado Springs, protection orders carry an additional federal consequence under 18 U.S.C. § 922(g)(8) — any person subject to a qualifying court order that restrains them from harassing, stalking, or threatening an intimate partner or child is federally prohibited from possessing firearms. This prohibition applies while the order is in effect. For military service members, this means immediate inability to perform weapons-required duties and exposure to administrative action.
What Our Colorado Springs Restraining Order Attorneys Handle
Defending against civil protection orders: When a protection order petition has been filed against you, we appear as quickly as possible, contest the TPO where the facts support it, and prepare aggressively for the PPO hearing. We challenge the factual basis of the petition, present the respondent’s evidence and perspective, and argue against an order that is inaccurate, exaggerated, or being used for tactical purposes in a parallel family law or custody proceeding.
Petitioning for civil protection orders: When you need protection, we help you prepare a thorough, well-documented petition and present your case effectively at the TPO and PPO stages. Petitioners deserve the same quality of legal representation as respondents.
Military protection order defense: For military personnel, a civil protection order that triggers the federal firearms prohibition creates immediate operational consequences. We move urgently in protection order defense for military clients, understanding that each day under a firearms-prohibiting order affects their ability to perform their duties.
Challenging criminal protection orders: Mandatory protection orders in criminal cases can be challenged for overbreadth, for conditions that prevent necessary co-parenting contact, or when circumstances have changed since the order was issued. We petition for modification of criminal protection orders in appropriate cases.
Protection order violation defense: Violations of protection orders — civil or criminal — are separate criminal offenses. We defend protection order violation charges in El Paso County and challenge the sufficiency of the evidence that a violation occurred.
Protection Orders and Military Service in Colorado Springs
Colorado Springs’ large military population makes the intersection of protection orders and military service a recurring and critical area of representation. Service members who are subject to protection orders face immediate operational consequences — inability to carry weapons, potential restriction to installation, and command notification that initiates an administrative process independent of the civilian legal proceedings.
The 14-day window from TPO issuance to PPO hearing is particularly compressed for military clients. During that window, the service member may face significant operational and administrative disruption. Moving quickly to contest the TPO where possible — or at minimum to argue for the least restrictive TPO conditions — minimizes the operational harm while the defense is being built for the PPO hearing.
Even after a PPO hearing, if the court enters a permanent protection order, the military administrative process continues independently. A civilian court’s dismissal of a protection order petition, or a finding against the petitioner at the PPO hearing, typically helps but does not automatically resolve the military administrative track. We advise military clients on both the civilian protection order proceedings and the parallel military administrative process simultaneously.
Why Burnham Law for Restraining Orders in Colorado Springs
Military protection order urgency. For military clients, protection order defense is operationally urgent — each day matters for service members whose duties require weapons access. We move immediately on protection order defense for military clients in Colorado Springs.
Both sides of the proceedings. We represent petitioners and respondents in protection order cases. Dual-side experience means we understand exactly how the other side builds and presents their case — which makes us more effective on whichever side we represent.
Federal firearms prohibition awareness. The federal firearms prohibition that attaches to qualifying protection orders is a consequence that some attorneys don’t address with sufficient urgency. We treat it as a primary defense priority — particularly for military and law enforcement clients in Colorado Springs.
Criminal and civil coordination. Protection order proceedings often arise alongside criminal DV cases. We coordinate civil protection order defense and criminal defense to ensure the strategy in each proceeding supports rather than undermines the other.
How quickly can a protection order be issued in El Paso County?
A temporary protection order can be issued by El Paso County District Court on the same day the petition is filed if a judge finds sufficient grounds in the petitioner’s sworn statement. The petition is reviewed ex parte — without the respondent present — and the TPO can issue within hours of filing. Law enforcement then serves the order on the respondent, who must comply immediately. The PPO hearing is typically set within 14 days of the TPO issuance.
What is the federal firearms prohibition and how does it apply in Colorado Springs?
Federal law — 18 U.S.C. § 922(g)(8) — prohibits any person subject to a qualifying court order from possessing firearms while that order is in effect. A qualifying order is one issued after a hearing (not ex parte), directed against an intimate partner or child, and containing a finding that the person represents a credible threat or explicitly prohibiting use of physical force. For Colorado Springs military personnel and law enforcement officers, a PPO that meets these criteria means immediate inability to possess service weapons and carry out weapons-required duties — with potential for administrative action.
Can a protection order be contested at the PPO hearing in Colorado?
Yes. At the permanent protection order hearing in El Paso County, the respondent has the right to appear, present evidence, call witnesses, and be represented by counsel. The petitioner must establish by preponderance of the evidence that the alleged conduct occurred and that continued protection is warranted. A well-prepared respondent presenting credible evidence that challenges the petitioner’s account has a genuine opportunity to prevent issuance of a PPO. Courts in El Paso County hear both sides at PPO hearings and do not automatically grant permanent orders simply because a TPO was issued.
What happens if I violate a protection order in Colorado Springs?
Violating a protection order — civil or criminal — in Colorado is a separate criminal offense. A first violation is a Class 1 misdemeanor; subsequent violations or those involving physical contact can be charged as felonies. A protection order violation also typically results in revocation of bond in any pending criminal case, arrest, and custody pending a new advisement. For military personnel, a protection order violation — even if charged as a misdemeanor — creates additional administrative consequences on top of the new criminal exposure.
Can a protection order affect child custody in Colorado?
Yes — significantly. A permanent protection order that restricts contact between a parent and the protected party can directly affect parenting time and decision-making in a parallel family law proceeding. Emergency custody provisions in protection orders can establish a parenting baseline that influences the broader custody case. The factual record created in the protection order proceeding — what the court found and what evidence was presented — is relevant in the family law proceeding. This is another reason why contesting an improper or exaggerated protection order is so important: the consequences extend into family law matters that affect children and families long after the protection order proceeding concludes.
Schedule a Consultation with a Colorado Springs Restraining Order Lawyer
Whether you need protection or you’re defending against a protection order in El Paso County, the proceedings move quickly and the stakes — particularly for military personnel — are immediate and severe. Burnham Law’s Colorado Springs attorneys are ready to act fast for petitioners and respondents alike.
Call (303) 990-5308 or schedule a confidential consultation online. We handle protection order proceedings throughout El Paso County District Court.
