Restraining Orders

A judge can issue a temporary or longer-term extreme risk protection order if they find that the respondent poses a significant risk of causing personal injury to themselves or others in the near future by:

• having a firearm in their custody or control; or
• buying, having, or getting a firearm.¹

To decide whether the respondent poses a “significant risk,” the judge will consider any evidence of the respondent’s:

• recent act or credible threat of violence against themselves or others, even if the violence or threat of violence does not involve a firearm;
• pattern of acts or credible threats of violence within the past year, including acts or threats of violence against themselves or others;
• violation of a domestic violence protection order;
• previous or current extreme risk protection orders and any violations of those orders;
• conviction for a crime that included domestic violence;
• ownership, access to, or intention to have a firearm;
• believable threat of, or illegal or reckless use of, a firearm;
• history of use, attempted use, or threatened use of illegal physical force against another person;
• history of stalking another person;
• previous arrests for crimes listed in section 24-4.1-302(1) or section 18-9-202 of the law;
• abuse of drugs or alcohol;
• requirement to have, carry, or use a firearm as a condition of their employment; and
• recently obtaining a firearm or ammunition.²

¹ Colo. Rev. Stat. § 13-14.5-105(2)
² Colo. Rev. Stat. § 13-14.5-105(3); see Colo. Rev. Stat. §§ 18-9-202; 24-4.1-302(1)