Colorado restraining orders are court-issued demands that an alleged abuser or harasser avoid contact with the victim. The purpose is to protect people from domestic violence assault or other threats.
Here are the three types of restraining orders in Colorado:
Violating a restraining order is a misdemeanor in Colorado.
Civil courts issue restraining orders prohibiting contact between people to prevent further harm. The person the court order is meant to protect is called the “petitioner” or “victim.” The person who is ordered to stay away is referred to as the “adverse party.” Other names for “adverse party” are
Restraining orders are often issued in domestic abuse situations where an angry (ex)spouse or (ex)partner commits – or threatens to commit – violence or coercion. Other reasons to get restraining orders are to prevent:
Each restraining order is unique to each case. Typical conditions include:
They go by various other names. These include:
As discussed below, there are different types of protection orders.
(As of 2020, people can have their guns temporarily taken away if they are deemed to be an extreme risk. This is called an extreme risk protection order a.k.a. red flag law. Learn more about Colorado gun laws.)
TPOs are temporary civil protection orders that typically last 14 days. They are the first step to getting a permanent protection order (PPO).
Victims apply for TPOs by filing a JDF 402 form in court. The judge usually holds a hearing that same day. The victim can have an attorney appear with them. The adverse party does not need to be there. (This is called an “ex parte” hearing.)
The victim needs to show they are in imminent danger. If the judge agrees, they will grant the temporary order. (The judge may then set a hearing date to decide whether to grant a PPO.)
The adverse party must then be served with the TPO. The protected person may not do this themself. Instead, the victim can ask:
Temporary protection orders do not take effect until the adverse party is served. 1
A TPO also goes by the name TPO (temporary protective order). For detailed instructions on how to apply for a TPO, go to the Colorado Judicial Branch website.
PPOs are restraining orders that can last forever. Judges can agree to modify or recall them. However, adverse parties must wait two years before asking. (Scroll down to section 7 to learn how to change or cancel a PPO.)
Judges will hold a hearing before issuing a PPO. This is like a mini-trial. The victim and adverse party can hire attorneys to argue their sides. And they can present evidence and call witnesses.
(At this hearing, the judge can extend the TPO for up to 120 days. Then, the judge would schedule another hearing to determine whether a PPO is still necessary.)
The victim must be at the hearing for the judge to issue a permanent protection order. In contrast, the adverse party does not have to be at the hearing for the judge to issue the PPO. But if the permanent order does issue, then the adverse party needs to be served with it.
The victim may not serve the adverse party themself. Instead, the victim can ask:
PPOs also go by the name PPO (permanent protective order). For detailed instructions on PPO procedures, go to the Colorado Judicial Branch website.
Depending on the case, there may be a filing fee to get a PPO. However, courts may waive the fee for indigent victims.
EPOs are restraining orders that last three days. The police can obtain an EPO for a victim when:
The adverse party must then be served with the EPO. The victim may not do this themself. Instead, the victim can ask:
Victims should then apply for a TPO as soon as the court opens. Otherwise, there may be a gap in protection. 3
For detailed instructions on EPO procedures, go to the Colorado Judicial Branch website.
The adverse party in a restraining order must stay away from and avoid all contact with the protected party.
Civil orders are sought by victims. Judges will grant them if they believe the victim is in danger. They comprise
In contrast, criminal restraining orders are sought by Colorado courts in conjunction with criminal charges. And courts issue them whether the victim wants them or not.
For example, criminal restraining orders are mandatory following certain domestic violence arrests. The victim does not have to apply for the order. And there does not have to be a hearing. Defendants are automatically prohibited from contacting the victim.
Criminal restraining orders typically last for the duration of the underlying criminal case. 4
Law enforcement may arrest an adverse party whenever the police have probable cause to believe they violated the terms of a PPO or TPO. It does not matter whether the victim or someone else reported the violation.
The punishment for a TPO or PPO violation depends on whether:
Colorado protection order
Sentence for violating protection order
If the basis for issuing the protection order included an allegation of stalking or the parties were in an intimate relationship, then a first offense is a class 1 misdemeanor carrying:
Otherwise, a first offense is a class 2 misdemeanor, carrying:
Class 1 Misdemeanor (extraordinary risk):
Class 1 Misdemeanor:
Class 1 Misdemeanor (extraordinary risk)
Adverse parties in civil restraining orders should contact an attorney right away. It is easier to prevent a TPO from becoming a PPO than to cancel an existing PPO.
Once a PPO is in effect, adverse parties must wait two years before asking the court to modify it or cancel it. However, the victim can ask that the order be changed or dismissed at any time.
Predictably, county courts are more likely to dismiss PPOs if:
Defendants can file a motion at any time to modify or dismiss PPOs. But judges usually uphold them until the criminal case ends.
For detailed instructions on how to modify a PPO, go to the Colorado Judicial Branch website.
Yes, a restraining order is generally part of the public record. Therefore, they can show up in criminal records. Even if the adverse party was never convicted of anything, the employer/landlord/etc. running the background check might assume that the adverse party is a troublemaker.
That is why people named in a TPO are strongly advised to hire an attorney to fight against it becoming a PPO.
Filing for a restraining order is free in Colorado as long as the person seeking the restraining order is either:
Otherwise, the filing fee to get a restraining order is $85. 7 In some cases, there may be a filing fee to get a PPO, though judges may waive the fee for indigent victims.
