Know the Laws: Colorado
UPDATED November 11, 2009
A CO protection order is a civil order that provides protection from harm by (1) any person who is related to you by blood or marriage, (2) any person who has lived with you or lives with you now, or (3) any person with whom you have had an intimate relationship.
- Basic information
- What is the legal definition of domestic violence in Colorado?
- What is a domestic violence protection order?
- What types of domestic violence protection orders are there?
- How long does a domestic violence protection order last?
- How can a domestic violence protection order help me?
- In which county can I file for a domestic violence protection order?
- Can I get a domestic violence protection order?
- What are the steps for getting a domestic violence protection order?
- After the order is in place
- What if I am the defendant in a protection order case?
Basic information
back to topWhat is the legal definition of domestic violence in Colorado?
In Colorado, domestic violence is defined as:
- Any act of violence or threatened act of violence against you or your children under 18;*
- Examples of behavior that may qualify as domestic abuse:
- Name-calling;
- Threatening or harassing phone calls;
- When the abuser threatens to injure himself;
- Threatening to physically or sexually abuse your children;
- Threatening to use a weapon against you;
- Threatening you by threatening to harm animals;
- Threatening you by following you;
- Threatening you by damaging property;
- Throwing things;
- Grabbing or pushing you;
- Forcing sexual contact upon you;
- Physically or sexually abusing the children in your household;
- Slapping, punching, kicking, biting, choking or otherwise physically harming you; or
- Forcing you to stay in a closet, room, house, or any other location against your will.**
- Who is or was related to you by blood or marriage;
- Who lives or has lived with you; or
- Who you have or had an intimate relationship with.*
* Colo. Rev. Stat. § 13-14-101(2)
** See Colorado Protection Order Form JDF 401, Incident Checklist, available at http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/24
back to topWhat is a domestic violence protection order?
A civil domestic violence protection order is an official court order designed to stop violent, harassing, or intimidating behavior and to protect you and your family members from an abuser. It prohibits the restrained person (the abuser) from contacting, harassing, stalking, injuring, intimidating, or threatening you and may forbid the restrained person from entering or remaining in a specific place or from coming within a certain distance of you or your home.*
* See Colo. Rev. Stat. §13-14-101(2.4)(a)
back to topWhat types of domestic violence protection orders are there?
There are two types of domestic violence protection orders: civil and criminal. They are described below.
1. Civil Protection Orders
A civil protection order is issued by a civil court. You can ask for one whether or not the abuser is being charged with a crime and whether or not you are getting a divorce. There are two types of civil protection orders: temporary (ex parte) protection orders and permanent protection orders.
- Temporary (ex parte) Protection Orders: A temporary (ex parte) protection order is designed to provide you and your family members with immediate protection from the abuser. "Ex parte" means that you can get the order without the abuser present in court. A temporary (ex parte) protection order is designed to protect you during the time that it takes for your full court hearing for a permanent order to take place. Your full hearing will usually take place within 14 days. However, if you are unable to serve the defendant within that time, the case may be adjourned and the order can be extended to give you more time to try to serve him.*1
- Permanent Protection Orders: A permanent protection order is designed to stop violent and harassing behavior on a long-term basis and to protect you and your family from the abuser. It can be permanent, or for a limited period of time, depending on what the judge decides. In order to get a permanent protection order, you will have to have a full court hearing during which the abuser has the opportunity to be present.*2 Permanent protection orders can sometimes cover temporary care and custody of minor children. However, even if your permanent protection order lasts for many years, the part of the permanent protection order that deals with custody can only last for 120 days or less.*3 To get a long-term custody order, you would likely have to file a separate custody petition – we suggest talking to a lawyer about how to do this. You can find free and paid lawyers on our CO Finding a Lawyer page.
2. Criminal Protection Orders
A criminal protection order, sometimes called a mandatory protection order or a no contact order, is requested by the prosecutor's office when there is a pending criminal case against the abuser. (The abuser will be called the defendant in a criminal case). It is like a civil protection order in that it prohibits any contact between you and the abuser. However, unlike a civil protection order, a criminal protection order is only effective while the criminal case is active. In other words, if the charges are dismissed or the case is resolved, a criminal protection order is no longer valid. Another difference is that a criminal protection order does not require you to go to court to request it as you would have to do to get a civil protection order.*5
If an abuser violates a criminal protection order, it is considered a criminal offense, resulting in fines of up to $5,000 and up to 18 months in jail.*6
Note: The protection order information on the rest of this website is regarding civil protection orders, NOT criminal protection orders.
*1 See Colo. Rev. Stat. 13-14-102(3), (4)-(8)
*2 See Colo. Rev. Stat. 13-14-102(6)-(7), (9), (17.5)
*3 Colo. Rev. Stat. 13-14-102(15)(e)(I)
*4 Colo. Rev. Stat. 13-14-102(9)(a), Form 398: Temporary Civil Protection Order, Form 399: Permanent Civil Protection Order, available at http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/24
*5 Colo. Rev. Stat. §18-1-1001
*6 Colo. Rev. Stat. § 18-6-803.5, Form 440: Mandatory Protection Order Pursuant to §18-1-1001 available at http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/24
back to topHow long does a domestic violence protection order last?
It depends. There are two types of protection orders: temporary and permanent. Each is explained below.
Temporary Protection Orders:
In emergency situations, you may ask a court for a temporary protection order, which typically lasts for 14 days until the court is able to conduct a full hearing for the permanent protection order. In other words, a temporary protection order is a short-term fix to protect you from the threat of immediate harm until you are able to obtain a permanent protection order.* For a more complete definition of a temporary protection order, see above: What types of protection orders are there?
Permanent Protection Orders:
After a full hearing, once a court grants you a permanent protection order against the abuser, it may last forever. Only a court can change it. You may petition the court to change the order at any time. The abuser can file a petition to modify (change) or terminate the order only after the permanent protection order has been in place for four years. However, if the abuser has been convicted of another domestic violence-related misdemeanor crime or of any felony crime during those four years that he had the protection order against him, then the court cannot dismiss or modify the order – it will remain in place forever.**
If the abuser does file in court to modify or terminate the order, you would be notified of the abuser’s petition and have the chance to appear at a court hearing to argue for the order to remain in effect. The judge may grant the abuser’s request if the abuser can prove to the court that the order is no longer necessary.**
* Colo. Rev. Stat. § 13-14-102(3),(4)
** Colo. Rev. Stat. § 13-14-102(17.5)
back to topHow can a domestic violence protection order help me?
A civil protection order may require the abuser to:
- Stop hitting, threatening, or harming you, your children, or your pets in any way;
- Stay away from you and/or your children;
- Stop contacting you and/or your children;
- Move out of the home you share (if you can prove that physical or emotional harm would happen if he stayed in the home);
- Stay away from your home;
- Give you temporary (up to 120 days) custody of your children;
- Continue to make payments on the mortgage or rent, insurance, utilities and related household services, transportation, medical care, or child care when the defendant has an existing duty or legal obligation;
- Not hide or get rid of your personal effects, land, or homes that are yours alone or shared with the abuser; and/or
- Do anything else that the judge thinks is necessary for your safety.*
Importantly, if the abuser disobeys the protection order, he can be arrested, found in contempt of court, fined up to $5,000 and sentenced for up to 18 months in jail.**
* See Colo. Rev. Stat. § 13-14-102(15)
** Colo. Rev. Stat. §§ 13-14-102(13), 18-6-803.5; see also Form 399, Permanent Civil Protection Order Issued Pursuant to §13-14-102 available at http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/24
back to topIn which county can I file for a domestic violence protection order?
You can file for a protection order in the county where the abuse happened, where the abuser lives, where you live, where the abuser works, or where you work.*
* Colo. Rev. Stat. § 13-14-102(2.5)