Restraining Orders

Here are some steps that you may want to take after you get the protection order:

• Review the protection order before you leave the courthouse.  If something is wrong or missing, ask the clerk to correct the order before you leave.
• Get several copies of the protection order.
• Leave a copy of the protection order at your work place, at your home, in your car, with a sympathetic neighbor, in your purse, and, if children are included, at the children’s school or daycare. Basically, make sure that you have a copy of the protection order available at all times. Once the abuser has been served, put a copy of the return of service with all copies of the protection order.
• Give a copy to the security guard or person at the front desk where you live or work along with a photo of the abuser.
• Give a copy of the protection order to anyone who is named in and protected by the order.
• Be sure that the information you provided on the information sheet for registering a protection order is complete and accurate so that police are able to effectively enforce the order. For more information about the information sheet for registering a protection order, see Step 1: Get the required forms.

A protection order is not a guarantee of your safety. Ongoing safety planning is important after receiving the order. Many abusers obey protection orders, but some do not, and it is important to build on the things you have already been doing to keep yourself safe. For suggestions on staying safe, visit our Safety Planning page. Local advocates can help you create a safety plan and can provide other forms of support. To find an advocate in your area, please visit our Colorado Advocates and Shelters page. Remember that if the abuser violates the order in any way, you can report the violation to your local law enforcement, and they may be arrested.

There are generally two ways to deal with a violation. First, you could file a motion for contempt. In this motion, you are telling the court that issued the order that the abuser has violated it, and you are asking the court to find the abuser in contempt of court and to punish them accordingly.

Since violating a protection order may be a crime, the other option is to contact law enforcement to report the violation by calling 911 or contacting your local law enforcement office. When the police arrive:

• The officer should interview you and the abuser separately, if they are still on the premises. If they do not do this, ask the officer to speak to you in private, away from the abuser.
• Show the officer your protection order and the return of service form if the order is temporary. The return of service form proves that the abuser was served with the temporary order.
• Try to stay calm and tell the police what happened in the order that it happened.
• Save any evidence of the violation of the court order and show the evidence to the police. This may include damaged property, photos of injuries, photos of the scene, caller ID info, taped conversations, emails, voicemails, text messages, etc. Give the police the names and addresses of any other witnesses to the violation.
• Get the officer’s name, badge number, and report number, as this will help you in following up on the report.

The officer must have “probable cause” to arrest the abuser. Probable cause is defined as “reasonable cause to believe that a crime has been committed or is currently being committed.” Even if the officer determines that there is no probable cause to arrest the abuser, an Incident Report should be made to document what happened. If the officer decides that probable cause exists to arrest the abuser, but they have already left the scene, the officer may apply for an “arrest warrant,” which would allow the police to arrest them once they are found. It may take several days for a court to issue the arrest warrant and for the arrest to be made.

Violating a protection order can be charged as a class 2 misdemeanor, which carries a punishment of up to three months’ imprisonment, a fine of up to $750, or both. It can be a class 1 misdemeanor, which carries a punishment of up to 12 months’ imprisonment, a fine of up to $1,000, or both if any of the following are true:

• the abuser was previously convicted of violating a protection order;
• the protection order was issued as part of a criminal case and meets the requirements in section 18-1-1001 of the law;
• the basis for issuing the protection order included an allegation of stalking; or
• the parties were in an intimate relationship.¹

In addition, if they committed a separate crime when violating the order, such as burglary, assault, etc., they can be charged with that crime as well as with the violation.

¹ Colo. Rev. Stat. §§ 18-6-803.5(2)(a); 18-1.3-501(1)(a.5); see Colo. Rev. Stat. § 18-1-1001

The respondent can apply to the court for a modification, asking the judge to shorten or dismiss a permanent protection order.¹ Then there would be a hearing, where you can be present, during which the respondent would try to prove why the modification is appropriate or why the protection order is no longer necessary.² However, the respondent must wait two years after the permanent order was issued or after any prior motion by the respondent to modify or dismiss the order.¹

In considering whether or not to modify or dismiss a protection order, the judge will consider all relevant factors, including but not limited to:

1. whether or not the respondent has followed the terms of the protection order;
2. whether or not the respondent has met the conditions associated with the protection order, if any;
3. whether or not the respondent has been ordered to participate in, and has completed, a domestic violence offender treatment program or sex offender treatment program, or has made significant progress in a sex offender treatment program as reported by the sex offender treatment provider;
4. whether or not the respondent has voluntarily participated in any domestic violence offender treatment program or any sex offender treatment program;
5. the amount of time that has passed since the protection order was issued;
6. when the last incident of abuse or threat of harm occurred or other relevant information concerning your safety and protection;
7. whether or not, since the issuance of the protection order, the respondent has been convicted of or pled guilty to any misdemeanor or any felony against you, other than the original offense that formed the basis for the issuance of the protection order;
8. whether or not any other restraining orders, protective orders, or protection orders have been issued afterwards against the respondent in any state;
9. the circumstances of the parties, including how close the distance is between the parties’ residences, schools or work places, and whether or not the parties have minor children together; and
10. whether or not your continued safety depends upon the protection order remaining in place because the order has prevented additional harm to you.³

Note: If after the permanent protection order is issued, the respondent is convicted of any misdemeanor or any felony against you, other than the original offense that was the basis for the protection order, then the respondent can never modify or ask for dismissal of the permanent protection order.⁴

¹ Colo. Rev. Stat. § 13-14-108(2)(b)
² Colo. Rev. Stat. § 13-14-108(5)
³ Colo. Rev. Stat. § 13-14-108(6)
⁴ Colo. Rev. Stat. § 13-14-108(3)(a)(I)