A “protection order” is a type of restraining order entered by a court that instructs a person to stop specific conduct involving another person. The Colorado Revised Statutes provide for two types of protection orders: (1) civil protection orders; and (2) criminal protection orders. Once a protection order is entered, it is enforced by local law enforcement, and it is a crime to violate the order. This article provides an overview of both types of protection orders.
Civil Protection Orders
A civil protection order may be sought in a civil court following the statutory procedure found in Colo. Rev. Stat. §§ 13-14-100.2 to 13-14-111. A “protection order” in the civil contexts means an order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or committing sexual violence through sexually assaulting or abusing a protected person or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by a protected person, or any other provision to protect the protected person from the risk or threat of physical harm or the threat of psychological or emotional harm. An individual, business, or employer can go to a local court and request a civil protection order. The violation of a civil protection order is a crime, and civil protection orders are enforced by local law enforcement agencies. There is a statutory procedure for modifying or terminating these orders after they are entered.
There are three different types of civil protection orders and separate procedures and rules applicable to each type: (a) emergency protection orders; (b) temporary protection orders; and (c) permanent protection orders.[1] The civil process can be confusing and nuanced, so legal counsel is recommended but not required. The Colorado Judicial Department provides self-help forms and information online to assist self-represented parties.[2]
EMERGENCY PROTECTION ORDERS
A county, district, or juvenile court may issue an emergency protection order that: (i) restrains a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing any other party, a minor child of either of the parties, or a minor child who is in danger in the reasonably foreseeable future of being a victim of an unlawful sexual offense or domestic abuse; (ii) excludes a party from the family home or from the home of another party upon a showing that physical or emotional harm would otherwise result; (iii) awards temporary care and control of any minor child of a party involved; (iv) enjoins an individual from contacting a minor child at school, at work, or wherever he or she may be found; (v) restrains a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult; or (vi) specifies arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult.
In cases involving a minor child, the local law enforcement agency, the county department of human or social services, or a responsible person who asserts, in a verified petition supported by an affidavit, that there are reasonable grounds to believe that a minor child is in danger in the reasonably foreseeable future of being the victim of an unlawful sexual offense or domestic abuse, based upon an allegation of a recent actual unlawful sexual offense or domestic abuse or threat of abuse, may seek an emergency protection order on the child’s behalf. An emergency protection order typically expires by the close of judicial business on the next day of judicial business following the day the order is entered. The purpose of the order is to allow a party to be protected in certain emergency situations until a temporary protection order (discussed below) can be obtained.
TEMPORARY PROTECTION ORDERS
A temporary protection order may be requested from a county, district, probate, or juvenile court where any one of the acts or behaviors that are the subject of the request for a protection order has taken place by filing a verified complaint and a motion for a protection order with the court. The court may issue a temporary civil protection order against a person who is ten (10) years of age or older to prevent: (i) assaults and threatened bodily harm; (ii) domestic abuse; [3] (iii) emotional abuse of the elderly or of an at-risk adult; (iv) sexual violence; and (v) stalking.
The person requesting the protection order does not need to show that he/she/they have reported the act that is the subject of the motion to law enforcement, that charges have been filed, or that a criminal prosecution is ongoing. The court must set a hearing at the earliest possible time and the matter will take precedent over other matters, except for earlier filed motions for protection orders. The hearing may be conducted ex parte, meaning the other party does not need to be present at the hearing. Hearings are often the same day that the complaint and motion are filed.
A temporary civil protection order may be issued if the court finds that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the person(s) seeking protection under the civil protection order. In making this determination, the court considers all relevant evidence concerning the safety and protection of the person(s) seeking the protection order, regardless of when an incident occurred or whether there is another protection order in place.
If the court finds that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the employees of a business entity, the court may issue a civil protection order in the name of the business for the protection of the employees. However, an employer is not liable for failing to obtain a civil protection order in the name of the business for the protection of the employees and patrons.
The protection order may:
A. Restrain a party from threatening, molesting, or injuring any other party or the minor child of either of the parties;
B. Restrain a party from contacting any other party or the minor child of either of the parties;
C. Exclude a party from the family home upon a showing that physical or emotional harm would otherwise result;
D. Exclude a party from the home of another party upon a showing that physical or emotional harm would otherwise result;
E. Restrain a party from interfering with a protected person at the person’s place of employment or place of education or from engaging in conduct that impairs the protected person’s employment, educational relationships, or environment;
F. Restrain a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party;
G. Specify arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party; or
H. Restrain a party from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the party has a prior existing duty or legal obligation or from transferring, encumbering, concealing, or in any way disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requiring the restrained party to account to the court for all extraordinary expenditures made after the injunction is in effect; or
I. Grant other relief that the court deems appropriate.
The court will use a judicial form for purposes of entering the order, set a show cause hearing to explain why the temporary protection order should not be made permanent within the next fourteen (14) days, and issue a summons for the restrained party to appear at the show cause hearing. The protected person then typically uses a process server to serve the restrained party with the temporary protection order and a summons to appear at the hearing. Upon request and approval of the court, the temporary protection order may be extended for up to one (1) year.
PERMANENT PROTECTION ORDERS
A court may make a temporary protection order permanent. To do so, the court must first hold a show cause hearing at which it will examine the record and the evidence presented by the parties. The restrained party is not required to appear at the hearing but is strongly encouraged to do so to protect his/her/their rights. If the court finds by a preponderance of the evidence that the restrained party has committed acts constituting grounds for the issuance of a civil protection order and will continue to commit the acts or acts designed to intimidate or retaliate against the protected person unless restrained, the court will order the temporary civil protection order to be made permanent or enter a permanent civil protection order with provisions different from the temporary civil protection order. Similarly, in cases involving sexual violence, if the court finds by a preponderance of the evidence that the restrained party has engaged in a behavior constituting grounds for the issuance of a civil protection order on the basis of sexual violence and that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the petitioner, the court will order the temporary civil protection order to be made permanent or enter a permanent civil protection order with provisions different from the temporary civil protection order. The court must inform the restrained party that a violation of the permanent protection order constitutes a criminal offense pursuant to Colo. Rev. Stat. § 18-6-803.5 or constitutes contempt of court and subjects the restrained party to punishment as provided by law. If a permanent protection order is entered, the court will provide a copy of it to the restrained party at the hearing. If the restrained party chooses not to appear at the hearing, the court will deliver a copy of the protection order to the protected party, who must then serve the order on the restrained party.
Criminal Protection Orders
A criminal protection order is mandatory in a criminal case. Under Colo. Rev. Stat. § 18-1-1001, a court is required to enter a protection order against a person charged with a violation of Colorado’s criminal statutes. The protection order goes into effect at the time the person is advised of the person’s rights at arraignment or at the person’s first appearance before the court. At that time, the person is informed of the protection order by the court. Depending on the alleged crime, the court may be required to read the terms of the protection order to the person on the record and require the person to sign the order. The order must restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The court will use a standard judicial form to enter the protective order, and a copy must be provided to the protected party or parties. A violation of the protection order constitutes a felony offense of intimidation or retaliation against a witness or victim.
A victim or witness may also ask the court for the following additions to the standard protection order against the person charged with a crime to:
A. Vacate or stay away from the home of the alleged victim or witness and to stay away from any other location where an alleged victim or witness is likely to be found;
B. Refrain from contact or direct or indirect communication with the alleged victim or witness;
C. Prohibit possession or control of firearms or other weapons;
D. Prohibit possession or consumption of alcohol or controlled substances without a valid prescription if the court deems it appropriate for the safety of an alleged victim or witness when available information supports a sufficient nexus between the possession or consumption of alcohol or controlled substances and the safety of the alleged victim or witness, an order prohibiting possession or consumption of alcohol or controlled substances without a valid prescription subject to certain exceptions;
E. Prohibit the taking, transferring, concealing, harming, disposing of, or threatening to harm an animal owned, possessed, leased, kept, or held by an alleged victim or witness; and
H. Enter any other order the court deems necessary to protect the protected person from imminent danger to the protected person’s life or health.
A criminal protection order typically remains in place through the end of the case (such as dismissal of the charges by the District Attorney or after sentencing).
Our Team
BHGR’s Criminal Group routinely assists individuals, businesses, and employers in obtaining civil protection orders. In addition, our attorneys represent criminal defendants in all phases of criminal proceedings, including those related to criminal protection orders. If you or someone you know needs a protection order, contact us today.
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[1] It should be noted that in situations where there is a significant risk of a person causing personal injury to themselves or others in the near future by a firearm, a court may issue a temporary extreme risk protection order, but such orders are beyond the scope of this article. See Colo. Rev. Stat. §§ 13-14.5-101 to 13-14.5-116.
[2] See, e.g., https://www.coloradojudicial.gov/self-help/getting-protection-order.
[3] The statutes make clear that domestic abuse is not limited to physical threats of violence and harm but also includes domestic violence, mental and emotional abuse, financial control, document control, property control, and other types of control that make a victim more likely to return to an abuser due to fear of retaliation or inability to meet basic needs.