GET HELP NOW FOR RESTRAINING ORDERS
RESTRAINING ORDER COLORADO GUIDE
Court-ordered restraining orders in Colorado require an accused abuser or harasser to stay away from the protected party. The orders are in place to safeguard anyone who may be at risk of harm, be it from domestic violence, sexual assault, imminent danger, or another type of threat.
The municipal court can issue a temporary restraining order to anyone who fears for their safety. For any person seeking a restraining order, there is a simple form that needs to be filled out. Once the court hears the case, a 14-day temporary restraining order may be issued.
Moreover, a judge may issue a permanent restraining order to the persons seeking protection if the threat remains. It’s possible that a permanent restraining order will persist indefinitely if the protected person fears further harm.
Protection orders are also issued automatically by the courts in some criminal situations. This is more common after arrests for domestic violence and sexual assault where local law enforcement has been involved.
RESTRAINING ORDER USE IN COLORADO
A judge can issue an emergency protection order or permanent protection order after a family member files a petition asking the court for protection from such acts of domestic abuse. The abuse can be any type of physical or emotional harm, unlawful sexual contact or economic abuse committed by a family member or someone you live or formerly lived with, or threatened bodily harm.
A restraining order can also be issued to protect a person from stalking, harassment, menacing or repeatedly following the petitioner of the order around. People who abuse their spouses cannot contact them for up to one year, but only after they have been convicted of domestic violence. If there wasn’t a conviction and it’s simply a petition filed by one spouse against the other, then there is no waiting period. The abuser can contact the victim after filing for divorce or legal separation.
A judge at the district court will issue a restraining order of up to a year to protect family members if he finds it necessary to prevent further abuse. Emergency protection orders may be issued by local law enforcement without having to go through a hearing. A judge may issue long-term restraining orders after the person seeking the protection order has filed a petition and the petitioner has been given notice and an opportunity to be heard by the court.
A restraining order can also require one family member to move out of their home if it is shared with the abuser or it can prevent the abuser from coming near the petitioner and threatening harm. It can also order one family member to stop contacting another or it can require that the parties stay away from each other’s children, pets, and homes.
And a restraining order may be enforced with arrest, but only if it is in writing, signed by a judge and there are reasonable grounds to believe it is necessary to prevent further abuse.
TEMPORARY PROTECTION ORDER
A temporary protection order is a court order signed by a judge to protect someone who feels they are in imminent danger from the restrained party. A temporary protection order usually lasts no more than 14 days, after which there will be another hearing where the judge will decide whether to grant or deny the full request for a permanent order.
To file for a temporary protection order, the requesting party will need to go to the district court of the Colorado judicial branch in your county and fill out an application during normal court hours. You can find information on your county’s court website or by calling your county clerk’s office. (You should check your county’s law about which court hears requests for temporary restraining orders because in some counties that will be the district court and in others it might be the county or city courts.) You can represent yourself or have a lawyer represent you. When you file for a temporary order, there is no fee to file.
You will need to describe your situation and why you need a temporary restraining order. The judge will decide whether or not you can have one, and if so, what terms it should include. You may want to fill out as much as possible ahead of time so that when you go into court, all you’ll need to do is review the order with the judge and make sure all your information is accurate.
The judge could decide to give you an emergency temporary civil protection order without even seeing your evidence, but this doesn’t usually happen. You should be prepared to explain why you are in danger or need help. The judge will want to know the terms of your agreement with the other person, and how long you’ve been together.
You should show up at court even if no one else does. If someone has filed a temporary order against you, it’s really important that you show up to defend yourself. If you don’t, the judge could issue an order that affects you without even hearing your side of the story.