Civil Protection Orders
Also known as “restraining orders”or just “protection orders”
How Barrie can help:
Obtaining a protection order
Barrie can consult with you on the likelihood of being able to obtain a protection order, file the necessary paperwork, complete service on the restrained party, and represent you at both the temporary and permanent protection order hearings. Barrie will consult with you on the best evidence to present at both hearings.
Defending against a protection order
Barrie can consult with you on the underlying issue that led to the protection order and determine the best evidence to present to prevent the protection order from becoming permanent. Barrie will represent you at the permanent protection order hearing.
Whether you are seeking to protect yourself from harm by getting a civil protection order or if you find yourself facing the possibility of significant restrictions on your liberty from a baseless protection order, it is important to have an attorney who can be with you every step of the way. Barrie will explain the process of civil protection orders thoroughly; collect the evidence necessary to obtain the protection order or defend against it; and effectively present the evidence to the court on your behalf. Barrie has successfully represented many people in protection order cases, whether seeking to obtain a protection order or defend against one.
What is a civil protection order and how does it work?
A civil protection order, often referred to as a “restraining order,” can be imposed by the court to prevent assaults and threatened bodily harm, domestic abuse, emotional abuse of the elderly or at-risk adults, sexual abuse, or stalking. A civil protection order generally prohibits the restrained person from having any contact with the protected person. Often, however, there can be additional provisions that prohibit the restrained person from having contact with a home or business or possessing weapons. If the restrained person violates the protection order, they can be charged with a class 2 misdemeanor criminal offense, violation of a protection order. This offense is punishable by up to 120 days in jail.
How do I get a civil protection order in CO?
There are two steps to obtaining a civil protection order. First, you must petition the court for a temporary protection order. This is an ex parte hearing, meaning only you are present, not the party whom you are seeking to have restrained. If the judge grants the temporary protection order, a hearing will then be set within 14 days to determine whether the protection order should be made permanent. The protected party must have the temporary protection order served on the restrained party.
At the permanent protection order hearing, both parties must be present and both parties will have the opportunity to present a case. Parties can seek to obtain protection orders or defend against having one put against them without an attorney. Forms for self-representation can be found here: https://www.courts.state.co.us/Self_Help/protectionorders/
However, an attorney can often better assess what evidence will best help you obtain the result you want, whether this is to obtain a protection order or fight against having one that restrains your freedom.
Under what circumstances is a CPO warranted?
A temporary protection order can be issued if the judge finds that the person seeking the protection order is at risk of imminent danger to life or health.
A protection order may be made permanent if, after a hearing, a judge determines that the restrained party has actually committed acts to support a protection order and that without continuing to be restrained, the person will continue to commit these acts. A finding of imminent danger is not required at this hearing in order to make a protection order permanent.
What are the fees to file a CPO?
Filing fees for a protection order are determined by statute and are, therefore, the same across Colorado. The filing fee to obtain a protection order is $85, unless the person seeking the protection order is a victim of domestic violence, sexual assault, or stalking. In those situations, there is no filing fee.
How long does a CPO last?
A temporary protection order only lasts until the permanent protection order hearing, which can be up to one year later.
A permanent protection order lasts forever unless the protected person seeks to have it removed. A restrained party may seek to remove a permanent protection order no earlier than two years after such an order was made permanent. There are some requirements for this type of removal, so it is important to know the law or contact an attorney.
Nothing on this page is to be construed as legal advice and is for personal informational purposes only.
Barrie has helped people in Durango, Cortez, Pagosa Springs, Dove Creek, Bayfield, Ignacio, Mancos, Silverton, and Dolores. If you need to file or defend against a civil protection order in any of these areas, get in touch for a consultation