What Is The Legal Process Of Filing For A Protection Order?
A person that feels they are in need of a protection order starts out by filing a motion for a temporary restraining order. For persons in El Paso County, this can be done at the court house located at 270 S. Tejon St, Colorado Springs, Colorado 80903. The court provides a fill-in-the-blank temporary protection order. Also, TESSA is a local organization that can assist a person in obtaining a restraining order. TESSA is located at 435 Gold Pass Heights, Colorado Springs, Colorado 80906. The phone number is (719) 633-1462.
Whether going directly through the courts or with the help of TESSA, the motion will need to be answered. The basic questions are:
• The names of the parties, petitioner and respondent.
• The name of other persons the petitioner believes need to be protected. This is where children would be named as well as anyone else needing protection.
• Information on the most recent event that causes the petitioner to seek a restraining order.
• The most serious incident that has occurred.
• Any other incidents that the petitioner believes the judge or magistrate should be aware of.
Once the form is completed and turned into the court, a judge or magistrate will review the motion, and if there is a belief that an imminent or immediate danger exists to the person or persons that are seeking protection, the court will grant the motion and issue the temporary restraining order. When determining if an imminent or immediate danger exists the court will review the motion to see when the most recent accusation of abuse or threat of abuse occurred and all other information of relevance.
If the court determines that the motion should be granted, the court will approve the motion and will schedule a hearing to determine whether the protection order should be made permanent or dismissed.
The sheriff’s office will then need to receive a copy of the signed motion so that an attempt to serve the respondent / defendant can be made. If the respondent / defendant has not been served by the hearing date, the hearing can be rescheduled. In some situations it may be possible to have the restraining order signed by the judge ex parte (without notice) to the party to be restrained.
At the hearing either side may ask for a 14 day continuance which will be granted, in most cases, despite any objections from the other side. Also, the hearing could be extended up to 120 days with consent from both parties.
If the hearing proceeds at this hearing date or at any continuance court date, the respondent / petitioner has the burden of proof. This person will need to provide evidence to the court through the examination of witnesses, including their own testimony. The court also has the option to ask questions of the witnesses. Also, the other side can cross examine the witnesses.
Once the respondent / petitioner has finished presenting evidence, the defendant / respondent will have an opportunity to present evidence. Similarly, this person will need to provide evidence to the court through the examination of questions. The court can ask questions, and the other party can cross examine the witnesses.
Once the parties are done presenting evidence, the court will make a ruling on whether the protection order should be made permanent or not. If the court determines that the order should be made permanent, the court can also decide if the order needs to be modified, further restricting the restrained party or removing some of the restraints of the temporary protection order.
Basically, the court is attempting to determine if the accusations in the motion for a temporary restraining order actually occurred, and that without a civil permanent protection order, a future harm will occur.
Law Offices of Clifton Black, P.C.
2 N. Cascade Ave., Suite 1120<br>
Colorado Springs, Co 80903
Phone: 719-328-1616 Fax: 719-630-8495
Our office hours are Monday-Friday, 8am-5pm