When a person is being harassed by someone and their life is in danger, they may want a protection order. Also known as a restraining order, a protection order prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting, or abusing the victim.
Protective orders are often given out in cases of domestic violence. To obtain a protective order, the petitioner must demonstrate to the court that they are in danger of harm or harassment. This can include providing evidence of physical abuse, threats, stalking, or other forms of harassment. A civil protection order may be issued against an adult or a juvenile who is at least 10 years old. The order may be temporary or permanent.
Violating a protective order in Colorado is a serious offense and can result in criminal charges, including contempt of court. Law enforcement officers are required to enforce protective orders. Any violations can lead to arrest and prosecution. A violation of an order of protection can be charged as a misdemeanor. The crime is punishable by up to 18 months in jail and a $5,000 fine.
Why Get a Protective Order
Here are some reasons for getting a protective order:
- A protective order is a message from an authority figure that the abuse must stop.
- A protective order empowers the victim by having a judge or court validate the reality of their danger.
- A protective order informs law enforcement that the victim is serious about stopping the abuse.
- A protective order delivers consequences if the abuser continues their abusive behavior.
- A protective order gives the victim time to contact a lawyer.
- A protective order makes the justice system aware of the victim’s situation and provides the victim with a way to get assistance from law enforcement before violence happens.
Types of Protection Orders
There are several types of protective orders available in Colorado:
- Temporary protective orders. These are short-term orders issued to provide immediate protection. They can be obtained quickly and are often granted without the other party being present. A temporary protective order typically lasts until a full court hearing can be held.
- Permanent protective orders. After a hearing, if the judge finds that protection is still needed, they may issue a permanent protective order. Despite the name, these orders can be modified or dismissed upon request to the court.
- Emergency protective orders. These are issued by law enforcement officers when the courts are not in session and provide immediate protection. They are temporary and last only until the next court session.
- Civil protection orders. These can be sought by individuals who have experienced domestic abuse, stalking, sexual assault, or other forms of harassment. They can be either temporary or permanent.
- Mandatory protection orders. These are issued automatically in criminal cases involving domestic violence, assault, stalking, and other specified crimes. The victim does not have to ask for a mandatory protection order. Even if a victim does not want one, the court still enters one. These orders remain in effect until the case is resolved or the court orders otherwise.
How to Obtain a Protective Order in Colorado
If you are interested in getting a protective order in Colorado, here are the steps to take:
- File a petition. The process begins by filing a petition with the court. Forms are available at the courthouse or online.
- Temporary order hearing. The petitioner may request a temporary protection order, and a judge will typically hold a hearing the same day the petition is filed. The respondent, who is the person against whom the order is sought, does not need to be present for this initial hearing.
- Service of process. If a temporary order is granted, it must be formally served to the respondent, typically by law enforcement.
- Court hearing. A hearing will be scheduled, usually within 14 days, to determine whether a permanent protective order should be issued. Both the petitioner and respondent will have the opportunity to present their case.
- Decision. After hearing both sides, the judge will decide whether to issue a permanent protective order.
Contact Us Today
When you turn to Tanis McGonegal Family Law, P.C., you will speak directly with a knowledgeable family law attorney who understands the emotional and legal complexities of divorce. We offer a 20-minute consultation at no charge to discuss the basic aspects of your case and explain how our legal services can help you. Contact us now to get started.
