Colorado Protective Orders Laws

In Colorado, protective orders, more commonly known as restraining orders, are legally enforceable documents designed to protect people from abuse, harassment, or harm. These court orders require a person named in the document (respondent or restrained person) to keep a certain distance from the person seeking protection (petitioner or protected person).

This article offers a detailed overview of Colorado's protective order laws. It explains the various types of protective orders, their purposes, and more.

Understanding Protective Orders in Colorado

A protective order, or a restraining order, is a court-issued mandate to secure a person or property from harm or harassment. It often includes provisions that prevent a respondent from engaging in certain behaviors.

For instance, it may include a no-contact order that bans the restrained person from communicating with the protected party and other people named in the order. This includes in-person contact, text messages, phone calls, emails, or interactions through social media.

The court order can also ask the respondent to keep a certain distance from the petitioner's frequented locations, such as the petitioner's residence, school, or workplace. A protection order may include provisions asking the respondent to move out of shared residences.

For parties that share children, the order can also include provisions about temporary custody of minor children or animals owned by the parties involved. In some cases, it may also include arrangements for child care.

Purposes of Protective Orders

Colorado Revised Statute §13-14-100.2 states that the purposes of protective orders are to:

1. Promote safety
2. Reduce violence, abuse, and serious harm or death
3. Address various types of domestic abuse, including physical threats and harm, mental and emotional abuse, and financial, document, or property control.
4. Help victims meet their immediate needs, such as shelter, food, transportation, medical care, and childcare.
5. Protect victims of sexual assault from future interactions with the offender.
6. Protect victims of stalking from ongoing fear, danger, and isolation, recognizing the fact that stalking can escalate to a more severe crime.
7. Acknowledge that victims of domestic abuse need protection in different circumstances.

Types of Protection Orders in Colorado

Colorado courts recognize various types of protection orders, such as the following:

Temporary Protection Orders (TRO)

The court issues this order ex parte, meaning the judge can issue the protection order without the respondent's presence. They can issue a TRO based solely on the petitioner's statement. The TRO can last up to 14 days until a final court hearing.

Permanent Protection Order (PRO)

The court issues this protection order after a full hearing, often 14 days after the TRO. A permanent protection order can last indefinitely and has no expiration date. Compared with a TRO, the court requires both parties to be present when issuing a permanent protection order. The petitioner should also prove the imminent danger of abuse or threat by a preponderance of the evidence.

Civil Protection Order (CPO)

A court can issue a CPO for non-criminal cases. For instance, if a petitioner is seeking protection for an intrafamily offense, the court can issue this type of protection order for offenses committed by family members, household members, domestic partners, or intimate partners.

Criminal Protection Order

Colorado courts can also issue a criminal protection order during a criminal proceeding. This order protects victims, witnesses, and other people from intimidation, harassment, retaliation, or other harm that the defendant can cause during the case.

Emergency Protection Order (EPO)

This is a short-term legal mandate that gives immediate protection to those in imminent danger of assault, domestic violence, stalking, or other types of harm.

Acts that Violate Protection Orders

Under Colorado Revised Statute Section 18-6-803.5, the following are violations of protection orders:

• Harassment and intimidation. The respondent engages in behaviors that intimidate, harass, threaten, or molest the petitioner.
• Contacting the protected person. When there is a no-contact order provision, the court bans the respondent from communicating with the petitioner. The court will then consider any communication as a violation of that order. This includes any forms of interactions either through text messages, phone calls, social media, or through a third party.
• Entering a protected premises. The respondent entered the places protected by the order. The law also considers it a violation if the respondent comes within a certain distance from the protected person or property.
• Physical actions. The respondent touched, injured, or attempted to injure the person protected by the order.
• Hiring a third person to locate the protected person. It violates the order to contract or hire another person to find the protected person.
• Possession or attempted acquisition of firearm or ammunition. In Extreme Risk Protection Orders, the restrained party is banned from having firearms or ammunition.

Penalty for Violation of Order

Colorado laws consider the violation of a protection order a criminal offense. The laws classify it as a Class 2 misdemeanor. The penalty ranges from up to 120 days of jail time and fines of up to $750. For those with a prior history of violating protection orders, the penalty can be elevated to a Class 1 misdemeanor. Other factors, such as the use of a deadly weapon or threats, can also enhance the penalty.

Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.

Related Resources

• Domestic Violence Laws
• Colorado Domestic Violence Laws
• Colorado Child Abuse Laws
• Colorado Criminal Statute of Limitations Laws

Get Help With a Protective Order Today

If you are experiencing domestic violence, stalking, harassment, or any other form of abuse, seek help today. You can contact the National Domestic Violence Hotline for support any time at 800-799-7233. You can also contact your local law enforcement agency to seek immediate protection from harm.

For more detailed legal advice on getting a protection order, contact a family law attorney near you. Whether you are in Denver or Colorado Springs, there are attorneys who can help you with your case.