Civil Protection Order
In Colorado, a victim of violence or harassment can petition for a protection order, otherwise known as a restraining order. Protection orders are intended to protect the petitioner from threats, stalking, harassment, or abuse. They do so by prohibiting the respondent from being near the victim, the victim’s friends and family, and the victim’s residence or other places they frequently visit.
A civil protection order can limit your professional and personal goals. If you or someone you know is currently subject to a civil protection order, it’s highly recommended you seek legal counsel. A skilled attorney can file a motion to modify or dismiss your protection order altogether.
Please note that the following is written from a criminal defense perspective and is geared towards those who find themselves subject to the restrictions of a restraining order. If you have been the victim of domestic violence or abuse, you may instead wish to read our family law page on protective orders written with alleged victims in mind. However, much of the information found here is relevant whether you are fighting against a protection order or aiming to have one put in place.
Attorney Explains Civil Protection Orders in CO
The conditions associated with a civil protection order could uproot your life. You may be required to and relinquish your firearms and move out of your home, and you may be prohibited from going certain places. Because of this, it’s highly recommended that you contact an experienced criminal defense attorney.
One option is to contact the attorneys at the Law Offices of Clifton Black, PC. Our defense lawyers have represented people who are subject to both civil and criminal protection orders for years. We can collect evidence and fight to have your court order modified or dismissed. Call us now at (719) 328-1616 to schedule a free consultation.
The Law Offices of Clifton Black, PC defends people throughout the greater Colorado Springs area including Calhan, Fountain and Manitou Springs.
Overview of Civil Protection Orders in Colorado
- What is a Protection Order in Colorado?
- Types of Protection Orders
- What Does a Protection Order Prohibit You from Doing?
- Can I Modify or Dismiss a Protection Order?
- What Happens if I Violate a Protection Order?
- Additional Resources
What is a Protection Order in Colorado?
A protection order is another term for a restraining order. It’s a court order that prohibits a person from being near certain people or places. It’s usually issued after a domestic violence complaint or a violent crime, but it can also be for cases involving harassment, stalking or threatening another person. If you are subject to a restraining order, you must follow the conditions until the expiration date.
Failure to follow the conditions will lead to further criminal charges. It may also lead to an extension of the original protection order. You do have an option to file a motion to modify or dismiss your protection order with the help of an experienced attorney.
Types of Protection Orders in Colorado
In Colorado, there are three types of protection orders: temporary protection orders, permanent protection orders and emergency protection orders. A temporary protection order (TRO) is sought by the petitioner themselves. The petitioner must fill out the appropriate paperwork, which is then reviewed by a judge. If the court finds justification to grant the order, they will issue a temporary protection order to the respondent.
Temporary protection orders have an expiration date. However, a permanent protection order (PRO) does not. A permanent protective order is usually issued after a TRO has already been granted. The order requires a hearing to be issued and as the respondent you’ll have a chance to attend to defend any allegations. If the judge believes it’s in the best interest of justice to grant the PRO, then you’ll be subject to a protection order for life.
Emergency protection orders are conducted through law enforcement when the courts aren’t open. They are usually reserved for criminal cases. For example, a domestic violence complaint triggers an automatic emergency protection order, even if the alleged victim doesn’t wish to press charges.
What Does a Protection Order Prohibit You from Doing?
A protection order consists of specific restrictions you must follow. Not all protection orders are the same, but most follow similar guidelines. It’s likely the protective order will require you to:
- Avoid all contact with the victim;
- Move out of a shared home with the victim;
- Relinquish your firearms to law enforcement;
- Not communicate with the victim through:
- Social media;
- Gestures; or
- Any other type of communication
- Stay away from the victim’s:
- Friends or family;
- Shared children;
- Place of employment; or
- Frequently visited spots
Can I Modify or Dismiss a Restraining Order in Colorado?
The conditions associated with protection orders can feel overwhelming. Thankfully, you can fight back by filing a motion to modify or dismiss your protection order. To successfully file the motion you must fill out form JD 395, which is called Instructions for a Restrained Person.
You must complete a criminal background check prior to filling or within 90 days of filing your motion. The court will then schedule a hearing where you will be able to present facts as to why you should be released from the protection order. If you were convicted of a domestic violence crime while under a protection order, then it will remain permanent and not be dismissed.
What Happens if I Violate a Protection Order?
Violating the terms of a protection order will lead to further criminal charges. You will be charged with a class 2 misdemeanor, which can result in:
- Up to 18 months in jail; and
- A fine of up to $5,000
It’s important to know that all people who are under a protection order are added to the Colorado protection order registry. Law enforcement will be able to see you’re a restrained person by accessing the database. So, they can arrest you if they have probable cause you violated the terms of your protection order.
Civil Protection Order Laws in Colorado – Visit the official website for the Colorado Revised Statutes to learn more about protection orders. Access the site to see the procedures for emergency, permanent and temporary protection orders as well as the fees and costs associated with filing for them.
Frequently Asked Questions – Visit the official website of the Colorado Judicial Department to learn more about civil protection orders. Access the document to learn where you can file for a protection order, what they do, the appropriate forms for a protection order and more.
Lawyer for Civil Protection Orders in Colorado Springs, CO
If you or someone you know has been issued a protection order, it’s important you contact an experienced attorney. You will need evidence and a strong defense to modify or dismiss your protection order. An attorney can file motions, fill out the appropriate paperwork and defend you in front of a judge.
Call Law Offices of Clifton Black, PC now to speak with a skilled attorney. Our defense lawyers provide effective and efficient defenses for our clients. Law Offices of Clifton Black, PC represents people throughout all parts of El Paso County including surrounding counties such as Denver County and Arapahoe County.