Restraining/Protection Order FAQs

Q:  How do I obtain a Temporary Protection Order against my another party? 

 

A:  You will need to file a Verified Complaint/Motion for Temporary Civil Protection Order (along with other documents) with the appropriate County or District Court.

 

 

Q:  Do I get a proteciton order just by filing the Verified Complaint/Motion for Temporary Protection Order with the Court?

 

A:  No, the Court will need to find you have met the legal burden for issuing a Temporary Protection Order under the law.  If the Court determines you have met the requisite burden of proof, the Court will then issue a Temporary Protection Order and set a hearing within 14 days to determine whether the Temporary Protection Order should be made permanent.

 

 

Q:  Do I have to go for a Permanent Protection Order once a Complaint/Motion for Temporary Protection Order is issued?

 

A:  No, you can dismiss the case without obtaining a Permanent Protection Order against the defendant if necessary. 

 

 

Q:  Can I get a continuance of the Permanent Protection Order hearing that is scheduled within 14 days after the Temporary Protection Order is granted?

 

A:  Yes, for good cause shown (i.e. need to retain an attorney) or the parties agree to continue the hearing and the Court allows for the continuance under the law.

 

 

Q:  What should I do once a Temporary Protection Order is granted and the case is set for a Permanent Protection Order hearing?

 

A:  You will need to preserve any and all witnesses, secure and subpoena any and all relevant witnesses as soon as possible.

 

 

Q:  What kind of documents or evidence do I need for the hearing?

 

A:  The most common types of evidence used in hearings, include, but are not limited to:  pictures, phone records, police reports, professional reports (from therapists/psychologists/psychiatrists or other relevant professionals), 911 tapes, school records, IEP reports and criminal histories of parties/witnesses.  You will also need any and all witnesses who can provide an evidentiary foundation for the admissibility of such documents or evidence under the Colorado Rules of Evidence.

 

 

Q:  Can I have my witness just submit a letter instead of testifying in Court in person?

 

A:  No, unless the Court specifically allows for it (which is incredibly rare) as the letter would be considered hearsay under the Colorado Rules of Evidence and such documents or evidence would be considered inadmissible in court.

 

 

Q.  If my witness is not in town or otherwise unable to testify in person at the hearing, how can I get the Court to consider their testimony?  

 

A:  You may file a Motion to Allow Telephone Testimony and ask that the witness be allowed to testify by telephone.  The Motion must comply with the Colorado Rules of Civil Procedure and the Court must grant the Motion before the witness is allowed to testify by telephone.

 

 

Q:  What if I don't want to have any contact with the person seeking a Permanent Protection Order against me or care whether a Permanent Protection Order is issued against me?

 

A:  If the Court were to issue a Permanent Protection Order against you, it could put you in a much worse position.  First, the person obtaining the Permanent Protection Order could lie to the police and allege that you violated the Permanent Protection Order which could then lead to you being charged with a criminal case with criminal penalties, including but not limited to:  jail, fine, probation and restitution.  Second, it may affect your ability to obtain future employment if the prospective employer may sees there is a Permanent Protection Order against you which could greatly diminish your ability to find employment.  Third, if a Permanent Protection Order is issued against you, it could affect your ability to own, possess or purchase a firearm under federal law.  Fourth, it could severely limit your ability to go to, or access, certain places, locations or events (i.e. work, church, sporting and recreational activities, stores, children's school, children's functions/activities/   sporting events/activities, etc . . .). 

 

Q:  Will a protection order go on my criminal record? 

 

A:  Generally, a civil protection order under C.R.S. 13-14-102 is a civil order which is issued in a civil case and will not be uncovered if a person were to obtain your criminal history through a background check from the Colorado Bureau of Investigation.   A third party could find out about the existence of the civil protection order and civil protection order case if they were to access a database such as CoCourts.com (Colorado Courts.com which can reveal the existence of civil orders in civil cases). 

 

Q:  Is a civil protection order issued under C.R.S. 13-14-102 the same as a Mandatory Protection Order under C.R.S. 18-1-1001 

 

A:  No. A Mandatory Protection Order issued under C.R.S. 18-1-1001 is a type of restraining order which is entered in a criminal case against a person who is charged with a criminal charge/case.  A party can have a civil protection order and a Mandatory Protection Order pending against them at the same time and they would be completely independent of one another.