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Legal Information: Colorado

Restraining Orders

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Updated: 
January 17, 2020

What is an extreme risk protection order?

An extreme risk protection order is a civil court order that prohibits an individual (the respondent) from having firearms in his/her custody or control and from possessing, purchasing, or receiving a firearm.1

1 Colo. Stat. § 13-14.5-103(3)

Who can file for an extreme risk protection order?

The person filing for an extreme risk protection order is known as the petitioner. The person who the order is filed against is called the respondent.

You can file for an extreme risk protection order if the respondent poses a significant risk of causing personal injury to himself/herself or others in the near future by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm and you are:

  1. the respondent’s “family or household member;” or
  2. a law enforcement officer or agency.1

You are the respondent’s family or household member if:

  1. you and the respondent:
  • are related by blood, marriage, or adoption;
  • have a child in common;
  • regularly live together or regularly lived together within the last six months;
  • are domestic partners;

2. you have a biological or legal parent-child relationship with the respondent;

3. you have acted as the respondent’s legal guardian; or

4. you and the respondent have or had an intimate relationship.2

1 Colo. Stat. § 13-14.5-103(1)
2 Colo. Stat. §§ 13-14.5-102(2); 18-6-800.3(2)

What types of orders are there? How long do they last?

There are two types of extreme risk protection orders: temporary extreme risk protection orders and extreme risk protection orders issued after notice and a hearing.

Temporary extreme risk protection orders - The judge will issue a temporary extreme risk protection restraining order if s/he finds that the respondent poses a significant risk of causing personal injury to himself/herself or others in the near future by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm.1 After you file the petition, the judge will hold a hearing to decide whether to issue a temporary order on the date that the petition is filed or the next day the court is open.2 The respondent does not need to be in the courtroom or have notice of the case for the judge to issue a temporary order. The judge can hold the hearing by telephone to accommodate a disability or to protect your safety if necessary.2 If the judge issues a temporary order, the hearing for a longer-term extreme risk protection order will be scheduled within 14 days. The temporary order will expire on the date of the hearing for a longer-term order.3

Extreme risk protection orders issued after notice and hearing - A longer-term extreme risk protection order can be issued after the respondent receives notice and has the opportunity to be present for a hearing in court. The court will have the respondent served with notice of the hearing one business day after the petition is filed. The judge can hold the hearing by telephone to accommodate a disability or to protect your safety if necessary.4 At the hearing, the judge will decide if the respondent poses a significant danger of causing personal injury to himself/herself or others by having a firearm in his/her possession, or by purchasing, possessing, or receiving a firearm. An extreme risk protection order issued after notice and a hearing will last for a period of one year.5

1 Colo. Stat. § 13-14.5-103(3)
2 Colo. Stat. § 13-14.5-103(4)
3 Colo. Stat. § 13-14.5-103(5)(a)
4 Colo. Stat. § 13-14.5-105(1)(a)
5 Colo. Stat. § 13-14.5-105(2)

What protections can I get in an extreme risk protection order?

The judge can order the respondent to:

  • give up any firearms and concealed carry permits;
  • not have a firearm in his/her custody or control; and
  • not possess, purchase, or receive a firearm.1

1 Colo. Stat. § 13-14.5-105(9)