The Procedure For Obtaining A Civil Restraining Order In Colorado
A civil restraining order is meant to be a protective device preventing harm to someone in imminent danger from another person. Restraining orders are used to prevent domestic violence, child abuse, assault, threatened bodily harm, stalking, and elder abuse. To fully understand the process, you must have a restraining order lawyer with a deep background and successful track record.
A person seeking a restraining order must first apply to the court for a temporary order, which will set a return date for an evidentiary hearing to determine if the order should be made permanent.
The temporary restraining order is made on the basis of the accuser’s testimony in a one-sided or ex parte hearing before a judge. The accused party is not informed of the hearing and does not have the right to be heard. They will have that opportunity at the later evidentiary hearing, which will usually take place within one to three weeks. It is advised that you have a qualified defense attorney present at this hearing.
How Protective Orders Work in Domestic Violence Cases
A key feature in domestic violence cases is the protective order, which courts often issue after an arrest. A protective order is meant to protect victims of domestic abuse but can be very restrictive to individuals who have been falsely accused. Understanding what these orders do and how they affect accused persons is essential.
What Is a Protective Order?
A protective order is a legal order that prohibits the accused from harassing, contacting, or retaliating against the alleged victim. It will typically require the accused to vacate the home and stay away from the victim’s place of work or other locations. These orders are designed to provide immediate safety to victims while the case proceeds. They can cause significant hardship to spouses who now find themselves without a place to stay when a domestic order is applied.
What Evidence Do You Need for a Protection Order in Colorado?
To obtain a permanent protection order in Colorado, you must provide evidence demonstrating that threatening or harmful behaviour occurred and is likely to continue. Evidence can include photographs, videos, text messages, witness statements, and other documentation supporting your allegations. However, physical evidence is not always necessary, as your own sworn testimony also counts as evidence. The court generally applies a preponderance of the evidence standard when deciding whether a permanent civil protection order is warranted.
Types of Protection Orders in Colorado
| Type of Order | What It Does | How Long It Lasts | How It’s Obtained |
|---|---|---|---|
| Temporary Protection Order (TPO) | Provides temporary legal protection by restricting someone from contacting or approaching another person. | Typically until the permanent protection order hearing, usually within 1–2 weeks. | The petitioner files paperwork at the courthouse and attests to the allegations before a magistrate. |
| Permanent Protection Order (PPO) | Provides ongoing protection when the court determines that threatening or harmful behaviour is likely to continue. | Indefinitely unless modified or dismissed by the court. The restrained party may seek dismissal after two years if the necessary conditions are met. | Granted following a court hearing where evidence and testimony are considered. It may also be entered by default if a properly served respondent fails to appear. |
| Criminal Protection Order | Restricts contact with a protected person in connection with a criminal case. | Generally remains in effect throughout the criminal case, including applicable probation, parole, or incarceration. | Issued in connection with criminal charges. |
| No-Contact Order or Agreement | Restricts communication between individuals. It may be part of an agreement, such as in a divorce case, and is not necessarily a protection order. | Depends on the agreement or court order. | May arise through an agreement or court proceedings. |
Acknowledging the Protective Order in Court
After arrest, the accused usually must appear before a judge within 48 hours. At this hearing, they are required to acknowledge the protective order. Failure to do so can result in being held without bond until a hearing determines if domestic violence occurred. Acknowledging the order is not an admission of guilt; it simply means you agree to follow the court’s restrictions.
Can You Have a Gun if You Have an Order of Protection?
The law in Colorado mandates that anyone subject to a protective order in a domestic violence case must relinquish firearms temporarily. This is serious and enforced strictly. Refusing to comply can lead to perjury charges or other legal trouble. While it can be difficult to give up your gun rights it is in the long run the most sensible thing to do while under a protective order restriction.
Violations of Protective Orders Carry Serious Consequences
Violating a protective order is a criminal offense on its own and can lead to additional charges. This includes any attempt to contact or harass the victim or tamper with witnesses. It can be difficult when an individual has made a claim against their spouse or intimate partner in the heat of an argument, then changed their mind when cooler heads prevail. Now a protective order is in place until the case is tried, requiring that person to stay away from the accuser. The validity of the protective order is controlled by the state not the spouse who made the claim, so even if they say it is okay for their partner to return to the home, the person who has been charged can get in trouble and end up re-arrested if they break the protective order.
How to Remove a Permanent Protection Order in Colorado
A permanent civil protection order in Colorado does not automatically expire after two years. In many cases, the restrained party can request its removal after two years by filing a motion with the court and serving the protected party. To succeed, they must demonstrate that they have complied with the order and that the protection is no longer necessary. The court will consider whether there have been violations and whether circumstances have changed enough to justify dismissing the order.
How Long Does a Protection Order Last in Colorado?
The length of a protection order in Colorado depends on the type issued. A temporary protection order generally remains in place until the scheduled hearing, typically within one to two weeks. A permanent civil protection order can remain in effect indefinitely unless the court modifies or dismisses it. Criminal protection orders generally remain active throughout the criminal proceedings and may continue during probation, parole, or other court-ordered supervision.
Do Protection Orders Go Both Ways in Colorado?
No, protection orders in Colorado generally apply only to the restrained party, also known as the respondent. The protected party, or petitioner, is not subject to the same restrictions simply because they requested the order. For example, if the protected person sends a text message to the restrained person, responding could still violate the protection order. Even if the protected party initiates contact, the respondent must continue following the court’s restrictions.
What’s the Difference Between a No-Contact Order and a Protection Order?
Although the terms are sometimes used interchangeably, a no-contact agreement is not necessarily the same as a court-issued protection order. A no-contact provision may be established through an agreement between parties, such as during divorce proceedings, and may restrict communication in both directions. A protection order is issued by a court and carries specific legal consequences if violated, including potential criminal charges. The enforceability of a no-contact restriction depends on the type of order or agreement involved.
Potential For False Allegations For A Restraining Order
Restraining orders serve an important purpose in protecting potential victims, but they also have the potential for abuse, especially in emotionally volatile domestic situations. Though many accusations resulting in restraining orders are valid, some are not. Sometimes one spouse will accuse the other of violence in revenge for some nonviolent act, for example, adultery, or will use it as a tool in an attempt to gain full custody of children in a divorce or separation. An experienced restraining order lawyer can help if you feel you have been served a restraining order unjustly.
Ramifications Of Being Served With A Restraining Order
If this has happened to you, you need to get help before the situation is made permanent. Having an experienced Colorado Springs criminal defense attorney advocating for you can be beneficial in preventing a permanent restraining order from issued, with all its unpleasant ramifications.
If you’ve been served with a restraining order, your life can be shattered. You may be ejected your home and denied access to your children. All the while, you’re expected to pay the mortgage, the bills, and provide financial support for your accuser. Your reputation is tarnished and you may be left essentially homeless. All this without being convicted of any crime. In addition, your name will be placed on a permanent police registry where it will appear whenever you attempt to cross the border, and you will not be able to own a gun.
How Much Does a Protection Order Lawyer Cost in Colorado?
Hiring an experienced protection order lawyer in Colorado typically costs between $4,000 and $6,000, but this is heavily dependent on the complexity of the case, and these figures should only be used as rough estimates. It’s important to speak with an experienced protection order defense lawyer directly to get a better idea of the costs you might expect for your specific case. Legal fees may vary based on the evidence involved, the allegations being made, and the preparation required for the hearing. Because protection order hearings are often scheduled within just a couple of weeks, contacting an attorney early allows more time to review evidence, prepare a defense, and develop a strategy for the hearing.
Professional Defense Against A Permanent Restraining Order
For an aggressive defense against a civil restraining order in or around Colorado Springs, contact the Rodemer | Kane. Steve Rodemer is widely recognized as a rising star in the arena of criminal defense, a former prosecutor who knows the workings of the court system, and has earned the respect of judges, clients, and other lawyers for his passionate commitment to the rights of the accused. He is well known in the legal community for his stellar track record of dismissals, reduced charges, and less severe sentences for his clients. He is frequently successful in preventing temporary restraining orders from becoming permanent and clearing the names of clients wrongly accused of violence or abuse. He is skilled at demonstrating reasons an accuser may be motivated to falsely accuse his client and showing that no grounds exist for a restraining order.
As soon as you have received notice of a temporary restraining order being filed against you, bring criminal defense attorney Steve Rodemer on board. The time to prepare your defense at your evidentiary hearing is short—between one and three weeks, so it is essential to put him to work immediately investigating to determine how to achieve the best outcome for you. With so much to lose, you need a smart, compassionate, and hard-working defense lawyer fighting for your rights. Call Steve today. The initial consultation is free.
What Do I Do if I’m Served a restraining order:
- Be sure you understand what it means – there are several kinds of restraining orders in Colorado and depending upon what kind of order you’re served with, the requirements can be very different. You may be served by someone who does not know much about the circumstances – so you’ll need to contact a lawyer to help you figure out what’s required.
- Comply. It will look bad for your case, and your request for the removal of the restraining order if you don’t comply with its requirements. The more compliant you are, the more likely we are going to be able to get it removed if it’s unnecessary or maliciously requested.
- Call Us! We can help you wade through what the order means for your everyday life and if you need to make any alterations to your routines until the matter is resolved.
How to File a Protection Order in Colorado
If you are experiencing harassment, stalking, domestic violence, or other threatening behaviour, filing a protection order in Colorado can help protect you from further contact or harm. The process begins at the courthouse, where you can request a Temporary Protection Order (TPO) before attending a hearing to determine whether the order should become permanent.
Step 1: Visit the Courthouse and Complete the Paperwork
The first step is to visit the appropriate Colorado courthouse and complete a petition for a civil protection order. You will need to explain why you are requesting protection, describe the incidents that led to your request, and identify why you believe the threatening behavior may continue. You must attest that the information in your petition is true and accurate.
Step 2: Request a Temporary Protection Order
After completing your paperwork, you will appear before a judge or magistrate to explain your request. If the court approves your petition, you may receive a Temporary Protection Order (TPO). This order provides temporary protection while you wait for a hearing to determine whether a permanent order is necessary.
Step 3: Have the Other Party Served
Once the temporary order is issued, the person you are seeking protection from, known as the respondent, must be formally served with the required court documents. This is an important step because the respondent must receive notice of the order and the upcoming hearing. The sheriff’s office may assist with service.
Step 4: Prepare for Your Permanent Protection Order Hearing
According to Colorado criminal defense attorney Casey Kane, the permanent protection order hearing is typically scheduled within one to two weeks of the initial filing. During this time, you should gather any evidence supporting your request, including:
- Text messages, emails, or threatening communications
- Photographs or videos documenting incidents
- Witness statements from people who observed the behaviour
- Your own testimony describing what happened and why you believe it may happen again
Your testimony is also evidence, even if you do not have photographs, recordings, or other documentation.
Step 5: Attend the Court Hearing
At the hearing, both parties have an opportunity to present evidence, provide testimony, and challenge the allegations. The court considers whether the alleged conduct occurred and whether it is likely to continue without a protection order. If the court grants a Permanent Protection Order, it generally remains in effect indefinitely unless the court later modifies or dismisses it. If the respondent was properly served but fails to appear at the hearing, the court may enter the protection order by default.
