Created by FindLaw's team of legal writers and editors | Last updated March 19, 2018
Even the relationships with the best beginnings can have unhappy endings. And if a relationship that was on the rocks has turned from just unhappy to possibly dangerous, you may be wondering if the Rocky Mountain State has laws in place to keep you safe. The short answer is yes.
More commonly referred to as "restraining orders," protective orders are legally enforceable documents in Colorado whereby the court orders the person named in the document to stay a certain distance away from the person seeking the protection. Some protective orders can have further restrictions regarding gun ownership. While protective orders are most often used to protect abused spouses and exes, they may also be used to protect children and to keep stalkers away.
Protection orders and harassment restraining orders cannot prevent every harmful scenario, but they can provide a victim of domestic violence with some criminal recourse if an abuser violates an order. In addition to standard protective orders, Colorado has temporary custody and temporary restraining orders, which can be obtained in emergency situations to give the threatened person more time to request a longer-term order. Additionally, if you have a valid protection order issued by another state, federal protection order law mandates that Colorado and other states honor and enforce that order.
For more information on Colorado protective orders laws consult the chart below.
| Statutes | Colorado Revised Statutes Section 13-14-103 (emergency protection orders) Colorado Revised Statutes Section 13-14-104.5 (procedure for temporary civil protection orders) Colorado Revised Statutes Section 14-4-105 (violations of orders) Colorado Revised Statutes Section 18-6-803.5 (crime of violating a protection order) |
| Activity Addressed by Order | Enjoin contact; exclude party from dwelling or dwelling of another; regarding minor child: temporary custody; Emergency order: restrain from threatening, molesting, injuring, or contacting another or minor children of either; excluding from dwelling, if minor child, temporary custody |
| Duration of Order | Emergency: maximum close of business on 3rd day following issue, unless continued |
| Penalty for Violation of Order | Class 2 misdemeanor unless prior conviction under the section or other restraining order: Class 1 misdemeanor |
| Who May Apply for Order | - |
| Can Fees Be Waived | No |
| Order Transmission to Law Enforcement | Law enforcement agency with jurisdiction to enforce the order |
| Civil Liability for Violation of Order | Contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Often when relationships sour, accusations are made and the next thing you know, there's a protective order issued against you. Whether the protective order was justified or not, it's important that your case be made to the court. That's where a trusted criminal defense attorney can make all the difference.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Colorado attorneys offer free consultations.