Introduction
Colorado restraining orders, also known as protection orders, are court-issued documents that prohibit contact between specific parties to prevent harm or harassment. This comprehensive guide answers the most common questions about obtaining, defending against, and understanding restraining orders under Colorado law.
If you are facing issues related to domestic violence or need legal assistance, it is crucial to consult experienced domestic violence attorneys who can guide you through the process and protect your rights.
What This Guide Covers
This guide provides detailed information about filing procedures, legal requirements, court hearings, and defense strategies for Colorado protection orders. We do not cover restraining orders from other states, federal protective orders, or specialized orders outside Colorado’s jurisdiction.
Who This Is For
This guide is designed for domestic violence victims seeking protection, defendants served with restraining orders, family members involved in protective proceedings, and anyone needing practical information about Colorado’s restraining order process. Whether you’re filing your first petition or responding to an order, you’ll find step-by-step guidance tailored to Colorado law. For personalized legal assistance, consider contacting a Colorado Springs domestic violence lawyer who can help protect your rights throughout the process.
Why This Matters
Understanding Colorado’s protection order system can mean the difference between adequate legal protection and dangerous gaps in safety. For victims, knowing the proper filing process ensures maximum legal protection. For defendants, understanding response procedures protects constitutional rights and prevents inadvertent violations that carry criminal penalties.
What You’ll Learn:
Types of protection orders available in Colorado and their specific purposes
Complete filing process, including required forms, fees, and court procedures
Legal requirements for obtaining temporary and permanent protection orders
Defense strategies for responding to restraining order petitions
Understanding Colorado Protection Orders
Protection orders are court-issued legal documents that prohibit specific contact or behaviors to protect victims from harm, harassment, or intimidation. Colorado law provides multiple types of protection orders designed to address different circumstances and levels of danger.
These court orders carry the full authority of Colorado law, meaning violations result in criminal charges regardless of whether the protected person consents to contact. The primary purpose is to prevent future harm by legally prohibiting the restrained person from contacting, threatening, or approaching the protected person.
Types of Protection Orders in Colorado
Temporary Protection Orders (TPO) are issued immediately by the court when a petition demonstrates imminent danger. These temporary orders last up to 14 days and can be granted the same day as filing, often without the restrained person present in court. This connects to permanent protection because temporary orders provide immediate safety while scheduling a full hearing for permanent protection.
Permanent Protection Orders
Permanent protection orders are issued after a court hearing where both parties present evidence and testimony. Building on the TRO concept, temporary orders automatically expire unless the court grants a permanent order following the mandatory hearing. Permanent orders remain in effect indefinitely unless modified or dismissed by the court.
Emergency Protective Orders
Emergency protective orders are requested by police officers when responding to domestic violence calls or situations involving imminent danger. These emergency orders last up to 3 days and connect to other order types by providing immediate protection until victims can file for temporary or permanent orders through the court.
Transition: Understanding these order types provides the foundation for navigating the filing process and legal requirements.
Getting a Restraining Order in Colorado
Building on the previous section’s explanation of order types, the filing process varies depending on which type of protection order best fits your circumstances and the level of immediate danger involved.
Eligibility Requirements
To obtain a protection order in Colorado, you must demonstrate specific qualifying circumstances, including domestic violence, stalking, sexual assault, or threats of imminent harm. The law requires a relationship between the petitioner and restrained person, including current or former intimate partners, family members, or household members.
For domestic abuse cases, the relationship requirement extends to people who have had an intimate relationship, share children, or have lived together, so it’s essential to follow all no-contact order rules. Stalking cases may involve any relationship where unwanted contact creates fear for personal safety.
Filing Process and Required Forms
Colorado courts require specific JDF forms depending on your situation, with most protection order petitions using JDF 398 for civil protection orders. Filing locations include the district court in the county where you live, where the restrained person lives, or where the domestic violence occurred. The filing fee is $85, though courts may grant fee waivers for those who cannot afford to pay.
Explicit connection to eligibility: How qualifying circumstances determine forms needed. Domestic violence cases require different documentation than stalking cases, and emergencies may allow abbreviated forms when immediate danger exists.
Court Hearing Requirements
All permanent protection orders require a mandatory hearing at which both parties may present evidence, testimony, and witness statements. The court schedules hearings within 14 days of filing, and the judge decides whether to grant, deny, or modify the requested protection based on evidence presented.
Key Points:
Hearing attendance is mandatory for both parties unless properly excused
Evidence includes police reports, medical records, photographs, and witness testimony
The court applies a “preponderance of evidence” standard, meaning more likely than not
Failure to appear may result in automatic dismissal or default judgment
Transition: While filing provides one perspective on protection orders, defendants have specific rights and procedures for responding to these petitions.
Defending Against a Colorado Restraining Order
The context-setting paragraph, building on prior filing information, shows that defendants served with protection order petitions have a constitutional right to contest the allegations and present evidence in defense before permanent orders are issued.
Step-by-Step: Responding to a Restraining Order
When to use this: Any defendant served with a temporary protection order petition who wants to contest the permanent order at the scheduled hearing.
Read the order thoroughly: Understand exactly what contact is prohibited, including indirect contact through third parties, social media, or other electronic means.
Prepare for the hearing: Gather evidence that contradicts the petitioner’s allegations, including text messages, emails, witness statements, or documentation proving your location during alleged incidents.
Collect documentary evidence: Police reports, medical records, photographs, and any documentation that supports your version of events or demonstrates the petitioner’s motivations.
Consider legal representation: Restraining order hearings involve complex evidence rules and legal standards that experienced attorneys understand better than pro se defendants.
Comparison: Contested vs Uncontested Hearings
Feature | Contested Hearing | Uncontested Hearing |
|---|---|---|
Duration | 30-60 minutes | 5-10 minutes |
Evidence Required | Full documentation, witnesses | Minimal additional evidence |
Legal Representation | Highly recommended | Optional but helpful |
Outcome Likelihood | Depends on the evidence strength | Usually grants the petitioner’s request |
Defendants who contest hearings can present evidence challenging the petitioner’s allegations, while uncontested hearings typically result in permanent orders being granted as requested by the petitioner. |
Defendants who contest hearings can present evidence challenging the petitioner’s allegations, while uncontested hearings typically result in permanent orders being granted as requested by the petitioner.
Transition: Both petitioners and defendants face common procedural challenges that can affect the outcome of protection order cases.
Common Challenges and Solutions
A brief intro explaining relevance shows that both petitioners seeking protection and defendants responding to allegations encounter similar procedural obstacles that can undermine their legal positions if not appropriately addressed.
Challenge 1: Missing Court Hearings
Solution: Understanding that temporary orders automatically expire if hearings are missed, while requesting continuances requires proper notice and valid reasons.
Courts generally allow one continuance for good cause, but repeated failures to appear result in dismissal for petitioners or default judgment for defendants who fail to respond.
Challenge 2: Proper Service of Papers
Solution: Using qualified adults, sheriff’s deputies, or private process servers to ensure the restrained person is personally served with court documents.
Colorado law requires personal service, meaning documents must be delivered directly to the restrained person, not left with family members or posted on doors. The serving party must file an affidavit of service attesting to proper delivery.
Challenge 3: Modifying or Dismissing Orders
Solution: Filing JDF 397 motion to modify or dismiss with fingerprint background check and evidence supporting the requested changes.
Courts require a 90-day waiting period before considering modification requests, and the moving party bears the burden of proving that changed circumstances warrant modifying the original order.
Transition: Understanding these challenges prepares parties for the practical realities of Colorado’s protection order system.
Conclusion and Next Steps
Colorado’s protection order system provides essential legal tools for preventing domestic violence, stalking, and harassment while preserving due process rights for all parties involved. Success in these proceedings depends on understanding the specific requirements, deadlines, and evidence standards that Colorado courts apply.
To get started:
Determine the appropriate order type based on your relationship to the other party and the specific circumstances requiring protection
Gather required documentation, including police reports, medical records, and witness statements that support your position.
File at the appropriate courthouse in the county where you live, where the other party lives, or where the domestic violence occurred
Related Topics: Domestic violence victim services provide additional safety planning beyond legal protection, family law attorneys can address related custody and divorce issues, and victim compensation programs may help with expenses related to domestic abuse.
Additional Resources
Colorado Court Forms and Filing Locations
JDF protection order forms are available at all Colorado district courts
Self-help centers in central counties provide filing assistance (see Colorado Judicial Branch Self-Help Centers)
Online form completion is available through the Colorado courts website
Legal Aid Organizations and Pro Bono Services
Colorado Legal Services provides free representation for qualifying income levels
Local bar associations offer reduced-fee attorney referral services (e.g., Colorado Bar Association Lawyer Referral Service)
Law school clinics provide supervised student representation (see University of Colorado Law School Clinics)
Domestic Violence Support Services
Colorado Coalition Against Domestic Violence: 24-hour crisis hotline
Local safe houses and emergency shelter programs (find resources at Colorado Coalition Against Domestic Violence Shelter Directory)
Counseling and support groups for domestic violence survivors (see Colorado Crisis Services)