Colorado Civil Protection Orders in Domestic Relations Matters

Experienced Attorneys for Temporary Civil Protection Orders and Permanent Civil Protection Orders in Colorado

Colorado civil protection orders in domestic relations matters are available to protect spouses, romantic partners, and other individuals who are in imminent danger of experiencing physical, psychological, or emotional harm. If you are in danger, our attorneys can seek a civil protection order on your behalf. We represent individuals who need to fight against unwarranted requests for civil protection orders as well.

In Colorado, victims of domestic violence and other forms of domestic abuse and individuals who are being stalked, assaulted, or otherwise targeted regardless of the nature of the relationship have the right to seek protection in court when necessary. Whether you are a victim of sexual assault, you have experienced physical harm, or your spouse or partner has threatened bodily harm, our attorneys can immediately seek appropriate protection on your behalf.

Our attorneys can also help you if you need to defend against a request for a protection order in civil court. If the person seeking protection has made false accusations against you—or if you have other grounds to fight the request—our attorneys can help ensure that you do not face serious legal consequences unnecessarily.

Colorado Protection Orders for Domestic Violence and Domestic Abuse

In domestic relations matters, there are two types of civil protection orders: temporary civil protection orders and permanent civil protection orders. If there is a corresponding criminal case, there may also be a protection order that is issued in the criminal case. Victims of domestic abuse can—and should—seek protection in civil court when necessary.

Temporary Protection Orders

Temporary protection orders provide protection against imminent threats of the use of physical force, sexual violence, emotional abuse, and other forms of harm. If a county court determines that a threat of imminent danger exists, it can issue a temporary protection order at an ex parte hearing in which the party seeking the protection order appears in front of the Judge without the presence of the other party.

District and county courts in counties across Colorado will schedule temporary protection order hearings on an emergency basis. Temporary orders are intended to prevent domestic abuse (and other forms of harm) while the protected person goes through the process of seeking more-permanent protections.

Permanent Protection Orders

A permanent protection order can be issued following the issuance of a temporary protection order if warranted. Permanent orders provide ongoing protections for the requesting party when the protected party can show that the behavior underlying the request for the protection order occurred and that unless the responding party is restrained that conduct will continue. While all protection orders are custom-tailored to the circumstances at hand, common protections include:

• Prohibition against visiting the protected party’s residence
• Prohibition against visiting the protected party’s workplace
• Prohibition against coming within a certain distance of the protected party’s residence or workplace
• Prohibition against engaging in any conduct that constitutes domestic violence or domestic abuse or any other harm
• Prohibition against the restrained person possessing firearms or ammunition
• Prohibition against any form of contact, including indirect contact

These are just examples. Once you get in touch, our attorneys can assess your situation and help you make informed decisions about your next steps based on the specific circumstances of your case.

FAQs: Civil Protection Orders in Colorado Domestic Violence Cases

When does a temporary civil protection order take effect?

After a Colorado court grants a temporary civil protection order, the order takes effect when the sheriff or a private process server completes personal service on the restrained party. Once a restrained party has been personally served, failing to comply with a court order can result in the restrained party being charged with a criminal offense. Depending on the circumstances, protective order violations can carry significant possible penalties including up to a year in jail.

Is a protection order the same thing as a restraining order?

No, although many people use the terms interchangeably. In Colorado, the type of order people often refer to as a “retraining order” is called a civil protection order (or a mandatory protection order in criminal cases).

When a threat of physical or emotional harm exists, the threatened person can seek a temporary protection order prior to seeking protection on a permanent basis. Importantly, if you are in fear for your safety, you should not hesitate to contact your local law enforcement agency. Domestic violence is a serious criminal offense, and the domestic violence involved in your case could warrant both civil protection and criminal prosecution.

What should I do to prepare for my permanent protection order hearing?

Once you have received a temporary protection order, you should begin preparing for your permanent protection order hearing promptly. The same is true if you have had a temporary protection order entered against you. At the hearing, the trial court will consider relevant evidence from both parties before deciding whether permanent protections are warranted to prevent emotional abuse or physical abuse going forward.

Speak with an Experienced Lawyer at Dolan + Zimmerman LLP in Confidence Today

If you need to speak with a lawyer about your legal options, we encourage you to contact us promptly. Call 303-593-1874 or contact us online to schedule a confidential consultation today.