Civil Protection Orders (Restraining Orders)
Jason A. Márquez, Colorado Family Law Attorney
“Protection order means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court.” 13-14-101(2.4)(a), C.R.S.
Â
Â
When conflicts arise in a domestic relationship, often one of the parties will seek a civil protection order, formerly known as a restraining order. The relevant statute in Colorado has changed in the last several years making it more difficult to acquire a civil protection order. The following is a summary of the process and complexities of obtaining one.
A party may file a motion or affidavit for a civil protection order in district court or county court or any other court with concurrent jurisdiction. Protection orders often indicate that a relationship is damaged beyond repair. Therefore, they often result in the filing of a petition for dissolution of marriage soon afterwards or even at the same time. If the protection order is sought in a county court, the matter will often be consolidated with the parties’ district court dissolution matter. Accordingly, it is often appropriate to file a motion or affidavit for a protection order along with petition for dissolution of marriage. That’s the easy part!
Upon filing a motion or affidavit for a protection order, the court will conduct an ex parte hearing, without the appearance of the party to be restrained. The court will issue a temporary protection order upon a showing of “imminent danger.” The court will consider the most recent incidence of danger and all other relevant evidence in deciding whether to issue the order. Danger is not defined as an annoying text or phone call. There has to be a legitimate concern that a harmful event is about to occur. This endeavor is often utilized to remove one of the parties from the marital home when necessary. That’s the less easy part!
If the court issues a temporary protection order, it will schedule a permanent protection order hearing to occur no later than two weeks thereafter.  The requesting party must then personally serve the party to be restrained. At the permanent protection order hearing, the requesting party must establish “imminent danger” that is likely to continue without the issuance of a permanent protection order. It is a significant burden to overcome and not granted by the Court easily. That’s the hard part!
It’s important to note that the Court will not keep the parties’ minor child on a permanent protection order unless they are the parties actually in danger. Generally speaking, the permanent protection order must have a provision to allow parenting time for the restrained party. Often times when there is no domestic case pending, the temporary protection order is continued for up to 120 days, the maximum time permitted by the jurisdiction of the county court. The continuance often gives the parties time to cool off and attempt resolution of their disputed issues. Otherwise, the restrained party may only seek the termination of a permanent protection order after four years from the date the temporary protection order is issued. The requesting party may petition the court to terminate the protection order at any time.Â
Protection orders add a significant amount of conflict to any dissolution of marriage or allocation of parental rights and responsibilities case. Accordingly, an attorney will provide guidance through the complex process by evaluating the danger and potential impact on a domestic matter. If warranted, an experienced attorney will probably improve your chances of getting a permanent protection order since they are intimately familiar with the applicable laws and procedure. Finally, remember that every county has a slightly different procedure for filing motions and affidavits for civil protection orders. Make sure to find an experienced professional to assist you!
(8 votes, average: 2.63 out of 5)
Loading ...