Resource for a Recourse: Online Resource Center for Survivors of Abuse

COLORADO : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

As it applies to protection orders, Colorado law defines domestic violence as:

any act of violence against you;
any threat of violence against you; or
any act or threat of violence against your children under 18

You may seek a Protection Order against:

any person who is or was related to you, by blood or marriage;

A relative or former relative
A husband or ex-husband
A wife or ex-wife
The father or mother of your child

any person who lives or lived with you; or
any person with whom you have had an intimate relationship.
any person who stalks you (whether or not they are a household member)
any person who abuses you if you are over the age of 60 or are an at-risk adult, such abuse including threats, verbal assault, improper administration of medication or the threat thereof, or inappropriate physical or chemical restraint

Note: Using the definitions of "any person with whom you have had an intimate relationship" or "any person who lives or lived with you," it is feasible for those in same-sex relationships to file for a protection order.

Types of protective orders:

Civil Protection Orders

A Civil Protection Order is issued by a civil court. You can ask for one whether or not your abuser is being charged with a crime or if you are getting a divorce. There are two types of Civil Protection Orders: Temporary (ex parte), and permanent.

Temporary (ex parte) Protection Orders

A Temporary (ex parte) Protection Order is a court order designed to provide you and your family members with immediate protection from your abuser. "Ex Parte" means that you can get the Order without your abuser present in court. A Temporary (ex parte) Protection Order will protect you from the time you ask the court for the Permanent Order until your full court hearing for a Permanent Order can take place. (Your full hearing will usually take place within two weeks.)

Permanent Protection Orders

A Permanent Protection Order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. It can be permanent, or for a shorter period of time, depending on what the judge decides.

In order to get a permanent order, you will have to have a full court hearing where your abuser has the opportunity to be present.

Permanent Protection Orders sometimes cover temporary custody of minor children. The part of a Permanent Protection Order covering custody can only last for 120 days or less.

Criminal Protection Orders

A Criminal Protection Order is requested by the prosecutor's office when there is a pending criminal case against your abuser. (Your abuser will be called the defendant in a criminal case). This type of Protection Order does not require the victim to go to court. It is also called a Mandatory Protection Order or a No Contact Order.

A Criminal Protection Order:

prohibits any contact between you and the abuser.
is requested by the prosecutor's office and the victim does not have to appear in court.
is only effective while the criminal case is active. If the charges are dismissed or the case is resolved, a Criminal Protection Order is no longer valid.

Any violation of a Criminal Protection Order is considered a criminal offense.

Note: The rest of the information on this page will deal with civil protection orders, as criminal orders are only enacted by county courts after someone is arrested for a crime, and therefore cannot be sought voluntarily.

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Benefits:

A Civil Protection Order may order your abuser to:

Cease physical violence or threats to your life or safety;
Stay away from you;
Cease contact with you;
Move out of or stop coming to your home; and
Give you temporary custody of your children

Most importantly, if your abuser disobeys the protection order, he can be arrested.

Whether a judge orders all or some of the above depends on the facts of your case.

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Costs:

There are no fees for filing a protection order.

If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a protection order. Although you do not need legal counsel to file for one, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.

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Violations:

If you believe that your abuser has violated the Protection Order, you should immediately call 911. Show the police a copy of the Order.

A violation of a Civil Protection Order is usually also a criminal offense.

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