How to Apply for a Restraining Order or Protection Order

A protection order—sometimes called a restraining order—is a legal order stopping a specific person from engaging in certain acts either temporarily or permanently. The most common restraining orders compel one individual from contacting another person. When the court agrees that one person may be a danger to another, they issue a restraining order in criminal cases or a protection order in civil cases, such as a divorce between spouses when one spouse is a danger to the other.

What Are the Most Common Reasons to File for a Protection Order or Restraining Order?

The court issues restraining orders under conditions such as allegations of the following:

• Domestic violence
• Stalking
• Sexual assault/unlawful sexual contact
• Elder abuse or abuse of an at-risk adult
• Physical assault or threats of physical assault

A court may order a civil protection order against any individual of age ten or older. The order stops the subject from harassing or contacting the protected person or prevents them from remaining on or entering a property.

The person seeking a protection order may file with the court of their jurisdiction in the area where the incident occurred or in a county where either the subject of the order or the protected person resides or works.

Applying for a Restraining Order In Colorado

Some types of criminal restraining orders are mandatory in Colorado after situations of domestic violence. The courts issue these without requiring a hearing. These temporary orders last throughout the legal process against the defendant. In other cases, a Colorado resident may request a restraining order from the court. If it’s an emergency and outside of normal court hours, your local law enforcement agency may use its emergency process to issue temporary restraining orders which last for 14 days. To file for a permanent protection order requires completing a series of forms including:

• A complaint motion
• An information sheet
• An incident checklist
• An affidavit regarding children

Then the individual requesting the protection or restraining order attends a scheduled hearing during which the court either grants or denies the request after hearing the complaint of violence or threats of violence. Obtaining an order requires showing that you face imminent danger. If the judge grants the request, the protected person must provide copies of the order to their local law enforcement agency. If the subject of the order did not attend the hearing, the protected individual may have to use a process server to issue the restraining order to them. The protected person may need to request additional certified copies of the order to bring to work, a child’s school, or a daycare center.

The subject of the restraining order may face criminal charges for violating the terms of the order.

Do I Need an Attorney to Apply for a Restraining Order or Protection Order?

An emergency protection order (EPO) is one requested by the police, so an attorney does not have to become involved in this process; however, when obtaining a permanent protection order, the individual seeking the order must attend a hearing and make a compelling case. A family attorney in Fort Collins is an important ally in ensuring the success of a restraining order.