MORAN, ALLEN & ASSOCIATES
Let our protection order experts explain the complex process of obtaining, modifying or fighting a protection order.
Get In Touch
Facts About Colorado Protection Orders
- Colorado has different types of protection orders for domestic violence cases, like Temporary, Permanent and Emergency Protection Orders. Each order offers different levels of safety.
- A person can get a protection order in Colorado where the abuse happened or where they or the abuser live or work.
- If one party doesn’t attend the hearing for the protection order, the judge may still approve it.
- The state also recognizes protection orders from other states without needing extra paperwork.
- Kids feel safer and do better at school when parents have a protective order against an abusive person.
- In high – risk situations, some special orders require surrendering firearms to increase safety.
We Care about our Clients, our Team and our Community
FAMILY FIRST
100% focus on best interests of clients & family.
PROVEN RESULTS
You can count on us to deliver the best results possible.
FORMER PROSECUTORS
Always prepared to take your case to trial if necessary.
GET THE PROTECTION ORDER HELP YOU NEED
Understanding Domestic Violence in Colorado
In Colorado, domestic violence is legally defined as an act or threatened act of violence upon a person with whom the actor has been involved in an intimate relationship, encompassing not just physical abuse, but also other forms of control like emotional and financial.
Legal Definition
Domestic violence in Colorado encompasses a series of behaviors that cause harm or create fear. The state law defines it as an act, threat, or attempted act committed by someone against another person with whom there is an intimate relationship.
This includes but not limited to assault, harassment, stalking, physical harm or injury to people and pets. It also recognizes psychological manipulation like coercion and control as part of domestic abuse.
Understanding this legal definition is key since it forms the basis for issuing protection orders within the state’s judicial system.
Each of our protection order attorneys are either a former prosecutor, or a judge. We excel in providing fast results for our clients.
TYPES OF COLORADO PROTECTION ORDERS
There are several types of domestic violence protection orders including Temporary, Permanent and Emergency Protection Orders each offering certain duration and degrees of safety.
To understand their impact and differences continue reading below.
Duration and Protections Available
In Colorado, the duration of a protection order varies based on its type. Temporary Protection Orders become enforceable once served to the abuser and generally last until a court hearing, which typically takes place within two weeks.
If the threat persists, these can extend up to one year under a Permanent Protection Order.
The protections provided by these orders are comprehensive and tailored to safeguard the victim’s welfare. They may include stipulations such as custody arrangements for minor children or prohibitions against possessing firearms for the abuser.
Additionally, they might demand from the offender payments or stipulate not to harm or take any animals owned jointly with the victim. Every provision aims to maintain safety while minimizing potential threats posed by domestic abuse situations in Colorado.
HOW TO OBTAIN A COLORADO PROTECTION ORDER
Securing a protection order in Colorado necessitates navigating the legal framework of the Colorado Judicial Branch, determining the right county for filing, and understanding how to address situations involving out-of-state abusers.
Appropriate County for Filing
Determining the right place to file a domestic violence protection order in Colorado depends on various factors. You can decide to lodge your application in the county where the reported abuse took place.
Equally, you might want to consider filing it in the jurisdiction where either you or abuser resides or works. But if your abuser is stationed outside of Colorado, some circumstances allow for granting orders against out-of-state culprits.
Accessing help from organizations like Colorado Judicial Branch and CBI (Colorado Bureau of Investigation) would provide ease during this process.
Out-of-State Abusers
Out-of-state abusers often find themselves under the scope of Colorado’s protective laws. Even if the individual resides in a different state, he or she can be subject to a protection order in Colorado.
There are certain determining factors like having a substantial connection with Colorado or when an abusive act occurred within this state. Likewise, personal jurisdiction over such individuals can also be established based on their significant ties with Colorado or if any instance of abuse happened here.
Nevertheless, there might come scenarios where establishing personal jurisdiction becomes challenging. However, it doesn’t lead to dead ends as you can still obtain an order either by consent or when the judge determines other circumstances that call for action.
If all efforts fall short and the judge refuses to issue an order, victims have another way out – they can seek legal help and file in the home state of the abuser. Although it may require attending court hearings outside Colorado, getting justice should never go compromised.
To aid in understanding specific legal procedures across various states, links are available through CBI (Colorado Bureau of Investigation) and FBI (Federal Bureau of Investigation).
PROTECTION ORDERS IN COLORADO DIVORCE
Protection orders play a vital role in divorce proceedings. These legal instruments primarily provide safety for spouses facing threats of harm or harassment, ensuring security during the emotionally charged process of divorce.
Under Colorado law, if one spouse has been physically abusive or made credible threats of violence, the other spouse may seek a protection order to prevent contact from the aggressor.
Courts take domestic violence allegations seriously and these can significantly impact the decision-making process involved in property division, alimony arrangements, and child custody disputes in divorce cases.
It’s important to note that any violation of protection orders is treated as contempt of court in Colorado, which carries significant penalties including fines and jail time. Such violations can further influence decisions relating to children’s welfare and parent-child relationships post-divorce.
THE PROCESS AFTER A PROTECTION ORDER HAS BEEN ISSUED
Once a protection order is issued in Colorado, there are specific steps that follow, which may involve delays and potential situations like the absence of one party at the hearing – understanding these arduous processes can help you navigate them with ease.
Read on to gather more insights into this crucial process.
Possible Delays
The process after the issuance of a Protection Order in Colorado does not always run smoothly due to several factors that can contribute to delays. It’s important for individuals involved in such cases to anticipate these possible postponements.
Court backlogs, for instance, are one major factor that often leads to slow progress. Trial courts may have numerous pending cases waiting which has an impact on the pace of subsequent hearings and outcomes.
Additionally, procedural errors made during filing or serving of the court documents might also cause a delay. Sometimes, there may be complications originating from restrained persons’ unwillingness or inability to comply with certain order stipulations swiftly enough.
Absence of a Party at the Hearing
In the case of a missing party at the protection order hearing, the court has different ways to proceed. The judge may decide to postpone the proceedings in some instances, giving the absent party another chance to appear.
However, if they have been duly notified and still do not show up without a valid reason, this could lead to automatic approval of the request for a protection order.
It’s also important to remember that each case is unique and treated as such by Colorado courts. Therefore, decisions on how an absence will affect an outcome can vary. For instance, if there is tangible evidence about repeated violence or threats from the absentee party, it will likely sway judges toward granting any pending protective orders despite their absence.
IMPACT OF PROTECTION ORDERS ON CHILDREN
Protection orders often have a significant impact on children involved in domestic violence situations. They provide a legal barrier designed to keep the abusive person away from the child, resulting in an immediate sense of security and safety.
These orders may also grant temporary custody arrangements or supervised visitation rights, further protecting children from potential harm.
The emotional well-being of affected kids tends to improve substantially once protection orders are established. Exposure to less conflict can lead to better sleep, increased focus at school, and overall improved mental health.
The justice system works diligently through its trial courts and probation services to ensure that any disruption caused by the implementation of these protective measures is minimal compared to the benefits they offer for a safer environment for children.
OUT OF STATE PROTECTION ORDERS IN COLORADO
Protective orders issued in another state are valid in Colorado. Here’s how it works:
- The state of Colorado will recognize and enforce protection orders from other states, according to federal law.
- This framework requires an individual to establish a substantial connection with Colorado or demonstrate that the abuse occurred within the state for full recognition.
- There is no need for registration or further legal process when you bring out-of-state orders to Colorado, making enforcement easier if necessary.
- If faced with an abuser who resides outside of the state, be aware that filing for a protection order might necessitate court appearances in the abuser’s home jurisdiction.
- Navigating these multi-state issues can be complex; utilizing online resources available on our website provides specific legal information for each U.S. State, aiding your understanding and decision-making process.
- Although challenging, obtaining a protective order against an out-of-state perpetrator helps enhance safety measures for victims profoundly affected by their situation.
RELATIONSHIP BETWEEN FIREARMS & PROTECTION ORDERS
In Colorado, protection orders and firearms are linked under Extreme Risk Protection Orders (ERPOs). These specific orders allow the surrender of firearms in situations where an individual is seen as a significant harm risk to themselves or others.
Petitioners for an ERPO can be police officers, family members, or even individuals who have recently lived with the subject of the order. The petitioner must accompany their request with a detailed affidavit explaining why they believe the subject poses a danger if armed.
Violating any aspect of these firearm-related protection orders is considered a criminal act within the state. Contrasting from Mandatory Protection Orders that fall into the jurisdiction of criminal justice, Colorado’s Civil protective orders can become permanent unless duly modified by court intervention.
DURATION OF A PROTECTION ORDER
- Temporary protection orders in Colorado can be issued immediately and last up to 14 days.
- If the court finds an ongoing threat, it may extend a temporary order for two weeks or until the next hearing date.
- A permanent civil protection order lasts indefinitely unless changed by the court.
- Mandatory protection orders end when the criminal case concludes but can also last longer if deemed necessary.
- The Extreme Risk Protection Order (ERPO), aimed at preventing people in crisis from causing harm with firearms, is valid for 364 days maximum.
- However, petitioners can request a renewal of ERPO before its expiration if they believe there are still significant risks present.
- It’s crucial to remember that breaching any protective order, no matter its duration or type, is considered a punishable crime according to Colorado law.
TALK TO A COLORADO PROTECTION ORDER LAWYER
Navigating the legal system for protection orders can be overwhelming. This is where a skilled protection order lawyer becomes vital, particularly in Colorado Springs.
- Lawyers have extensive knowledge of the laws surrounding protection orders.
- They understand the process of obtaining either civil or mandatory protection orders.
- These professionals offer guidance on how to fill out necessary forms accurately and comprehensively.
- A lawyer ensures a victim’s rights are not violated during court proceedings, providing strong representation if needed.
- They can also help enforce the conditions set by an issued order such as child custody arrangements or payments of bills.
- In cases involving firearms, lawyers guide victims through the process ensuring that all lawful procedures are followed.
- Finally, they assist in making permanent CPOs if it’s in their client’s best interest or requesting modifications should circumstances change.
Hence hiring a knowledgeable Protection Order Lawyer while dealing with domestic violence issues in Colorado Springs could prove invaluable for victim’s safety and peace of mind.
CONCLUSION
Understanding Colorado’s protection orders, their rules, laws and forms can be a daunting task. This guide simplifies the process by providing comprehensive insights into seeking and implementing these legal safeguards.
By making informed decisions about domestic violence issues, you are taking an essential step towards ensuring your safety and well-being in Colorado.
COLORADO PROTECTION ORDER FAQ's
1. What is a Colorado Protection Order?
A Colorado Protection Order, also known as a restraining order, is a court-issued directive intended to protect victims of domestic violence or illegal sexual behavior.
2. How do I file for a Protection Order in Colorado?
You can start by filling out the necessary forms like Verified Complaint/Motion for Civil Protection Order, Affidavit Regarding Children and submitting them to the court along with the required filing fees.
3. Can I modify or dismiss my issued Protection Orders?
Yes, you have to fill out and submit either ‘Restrained Person Motion to Modify/Dismiss Protection Order’ form or ‘Protected Person Motion to Modify/Dismiss Protection Order’, depending on your status.
4. What happens when someone violates a protection order?
If someone violates your protection order, you can bring this matter before the court using Contempt Citation as it’s not permitted under law and punishable by legal means.
5. Are there specific rules around weapons in relation to protection orders?
Indeed! In certain cases people are required by law – JDF 691 – The Proper Way To Relinquish A Firearm – which dictates how firearms must be handed over under various circumstances involving protective orders.
6. Where can I get more information about applying for protection orders in Colorado Springs?
For further understanding of rules and procedures surrounding protection orders, access educational resources online from sources such as TESSA or browse through multiple forms and instructions provided by the Colorado Springs domestic violence court.