Restraining Orders

For the purpose of getting a civil protection order in Colorado, the law defines domestic abuse and domestic violence separately. The difference depends on who the abuser is.

Domestic abuse is any act, attempted act, or threat to do any of the following to you by someone you are living with or have lived with, or someone you are related to:

• violence;
• stalking;
• harassment; or
• coercion.¹

It can also include any act, attempted act, or threatened act of violence against your children who are under 18, or any animal owned or kept by you, the abuser, or your child. If the target of the violence is the animal, then the abuser’s purpose must be to coerce, control, punish, intimidate, or get revenge on you or your child.¹

Domestic violence is also known as intimate partner violence. This means that someone with whom you have had or currently have an intimate relationship has done any of the following:

• a pattern of violent behavior; or
• any act, attempted act, or threatened act of violence, stalking, harassment, or coercion.²

A sexual relationship may indicate that you have an intimate relationship with the abuser, but it is not necessary.²  

Coercion means using force, the threat of force, or intimidation to:

• make you do something that you have the right not to do; or
• to make you not do something that you have the right to do.³

For more information on the relationship necessary to qualify for a protection order, see Am I eligible to file for a domestic violence protection order?

Note: The Colorado courts website lists various behaviors on their Protection Order Incident Checklist that may be relevant in a court case for a civil protection order. However, even if the abuser did one or more of them against you, you still need to prove to the judge that these actions can be considered domestic abuse or domestic violence as defined in the law and explained above.

¹ Colo. Rev. Stat. § 13-14-101(2); see Colo. Rev. Stat. § 18-3-602
² Colo. Rev. Stat. § 13-14-101(2.1)
³ Colo. Rev. Stat. § 13-14-101(1.6)

A temporary or permanent protection order can do any of the following things:

• order the abuser to:
  • stop hitting, threatening, or harming you and your children;
  • stay away from you and your children;
  • stop contacting you and your children;
  • move out of the home you share or out of your home, if you can prove that physical or emotional harm would happen if they stayed in the home;
  • stay away from your home;
  • not interfere with your job or school, or do anything that would harm your employment or educational relationships and environment;
  • continue to make payments on the mortgage or rent, insurance, utilities and related household services, transportation, medical care, or child care when the respondent 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;
  • not threaten, harm, kill, hide, or take any animal owned by you, the abuser, or your child;
• give you:
  • temporary care and control of your children, along with parenting time rights, supervised or unsupervised, that can last up to one year;
  • temporary decision-making responsibility when it is related to preventing domestic abuse or preventing your child from witnessing domestic violence;
• make specific arrangements about who will have and care for an animal that’s owned by you, the abuser, or your child;¹
• if the judge decides that the domestic violence involved physical force, or the threat or attempt to use physical force, they can order the abuser:
  • not to have firearms or ammunition while the order is in effect; and
  • to give up any firearms that they currently have in their possession to a licensed firearms dealer, private party, or to law enforcement;² and
• do anything else that the judge thinks is necessary for your safety.¹

An emergency protection order can do any of the following:

• order that the abuser stop contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing you, your child, or the abuser’s child;
• order that the abuser be removed from the home you share or from your home, if it is proven that physical or emotional harm would otherwise happen;
• give you temporary care and control of any minor child involved;
• order the abuser not to contact the child at school, at work, or wherever they may be found;
• order the abuser not to threaten, harm, kill, hide, or take any animal owned by you or by a child of either party; and
• make specific arrangements for the possession and care of an animal owned by you or by a child of either party.³

Whether a judge orders all or some of the above depends on the facts of your case.

¹ Colo. Rev. Stat. §§ 13-14-105(1), (1.5); 13-14-104.5(8)
² Colo. Rev. Stat. § 13-14-105.5(1)(a)-(b), (4)
³ Colo. Rev. Stat § 13-14-103(1)(b)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You do not need a lawyer to file for a protection order, but it may be better to have one at your hearing. If the abuser has a lawyer, you should try to get one too. Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.

In addition, domestic violence organizations in your area or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find information on legal assistance, domestic violence organizations, and courthouses on our Colorado Places that Help page. You might also want to look into Colorado’s self-represented litigant coordinators, or “Sherlocks.”

For more information, you can also write to our Email Hotline. We cannot represent you in court or give you legal advice, but we may be able to answer some of your questions and provide information to help you decide your next steps.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.