What if I disagree with the protection order issued against me?
If a temporary protection order has been issued against you, you will have the opportunity to be heard before a permanent protection order is granted. The person requesting the permanent protection order must arrange for you to be served with written notice of the date and time of the hearing for the permanent protection order along with the petition that was filed against you.* At that hearing, you will have the opportunity to prove to the judge that the allegations against you are false and that a permanent protection order should be denied.
You may want to seek the assistance of an attorney since representing yourself can be difficult to do, especially if the petitioner has an attorney. To find an attorney in your area, go to our CO Finding a Lawyer page. Note: If you show up to court and the petitioner has a lawyer and you do not (or if you want to get a lawyer even if the petitioner doesn’t have one) you may ask the judge for a continuance.
If you fail to show up for the hearing or if you lose the protection order hearing and a permanent protection order is issued against you, you cannot challenge it for two years. After two years, you may file a motion to modify/dismiss the protection order. For instructions on how to file a motion to modify/dismiss a protection order, visit Colorado’s court website or click here. However, if, after the permanent protection order is issued, you (the respondent) are convicted of any misdemeanor or any felony against the protected person (petitioner), other than the original offense that was the basis for the protection order, then you (the respondent) can never file to modify or dismiss the permanent protection order.** For information on what factors the judge will consider when deciding whether or not to dismiss the permanent protection order, go to Can the abuser ask the court to terminate my permanent protection order?
* Colo. Rev. Stat. § 13-14-104.5(9)
** Colo. Rev. Stat. § 13-14-108(3)(a)(I)