Know the Laws: Colorado
UPDATED October 17, 2008
If you are planning to move to CO or are going to be in CO for any reason, your protection or restraining order can be enforced.
General Rules for Out-of-State orders in CO
back to topCan I get my protection order enforced in Colorado? What are the requirements?
Yes. Your protection order can be enforced in Colorado as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b); CO Statutes §13-14-104(2)
back to topCan I have my Protection Order changed, extended, or canceled in CO?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Colorado.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living. Contact the court that issued your Protective Order to find out if this is possible. To find out more information about how to modify a restraining order, see the "How to Get a Restraining Order" page for the state where your order was issued.
If your order does expire while you are living in Colorado, you may be able to get a new one issued in Colorado. But this may be difficult to do if no new incidences of abuse have occurred in Colorado. To find out more information on how to get a protective order in Colorado, visit our CO How to Get a Protective Order page.
back to topI was granted temporary custody with my Protection Order. Will I still have temporary custody of my children in CO?
Yes. As long as the child custody provision complies with the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and is consistent with the Parental Kidnapping Prevention Act of 1980, CO can enforce a temporary custody order that is a part of a Protection Order.
Please see our Custody Info and Kidnapping Info page for more information on the UCCJA and UCCJEA, and to read more about taking your children out of state.
To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, select the state you are in from the Where to Find Help tab on the top of this page and then click Finding a Lawyer.