A permanent civil protection order (commonly known as a restraining order) prevents one person from having contact, either directly or indirectly, with another person. In Colorado, restraining orders are issued in all cases involving domestic violence, and are often modified or vacated later on. Beyond that, individuals may seek civil protection orders against another person for various reasons.
Types of Civil Protection Orders in Colorado
- There are three kinds of protection orders in our state:
- Temporary protection order: The person seeking this order simply fills out a form, then appears in front of the judge. The other person is not present.
- Permanent protection order: After obtaining a temporary order, a hearing for a permanent order is set within 14 days. The alleged victim and the defendant may appear. If the victim doesn’t appear, the order is not issued. If the defendant doesn’t appear, the order is usually granted.
- Emergency protection order: Emergency orders are usually obtained through law enforcement during hours when courts are closed.
When Can Someone Seek a Restraining Order?
In Colorado, a person may seek a permanent civil protection order against an adult or juvenile over the age of ten who has committed one of the following acts:
When Does a Protection Order Become Permanent?
As mentioned above, a hearing for a permanent restraining order will be set within 14 days of the issuance of the temporary order. At the hearing, the moving party must show by a preponderance of the evidence that one of the above acts was committed and that the restrained person will continue to commit such acts if the order is not put in place. If the petitioner meets this burden, then the protection order becomes permanent. A permanent protection order can restrict a person’s ability to travel, work, or even live in his/her own home.
How The Moorhead Law Group Can Help
The attorneys at the Moorhead Law Group are trial lawyers who are skilled at handling civil protection orders. We help clients with concerns regarding:
- Preventing a restraining order from becoming permanent
- Obtaining a civil protection order against someone else
- Defending against charges that you violated a restraining order
- Removing a restraining order
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