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EspañolWhat is a protection order for stalking, sexual violence, physical harm/threats, and abuse of the elderly/at-risk adult?
This type of protection order is designed to stop violent, threatening, harassing, stalking, sexually violent, or emotionally abusive behavior to an elderly or at-risk adult. You don’t have to have any specific relationship to the abuser.1
1 See Colo. Rev. Stat. § 13-14-104.5(1)(a)
Who qualifies as an elderly or an at-risk adult?
An at-risk adult is someone who is likely to be mistreated or self-neglect because:
- they are unable to take care of their own health, safety, or welfare; or
- they lack enough understanding or ability (capacity) to make or communicate responsible decisions concerning their body or affairs.1
An elderly person is defined as someone who is age 60 or older.2
1 Colo. Rev. Stat. § 26-3.1-101(1.5)
2 Colo. Rev. Stat. § 13-14-101(1)
What is the legal definition of stalking?
For the purposes of getting a protection order, stalking can happen in two ways. In either situation, it can be done directly or indirectly through another person.
The first definition of stalking is when someone makes a “credible threat” that causes you to be in fear for your safety, or for the safety of your immediate family or intimate partner. As a way of making you afraid, the stalker must do one of the following to you, or to your immediate family or intimate partner:
- repeatedly follow, approach, contact, or watch you (put you under surveillance); or
- repeat any form of communication, such as phone calls, texts, or emails. It does not matter if any words are spoken or not – for example, the stalker can keep calling and hanging up.1
A “credible threat” means a threat, physical action, or repeated behavior that would cause a reasonable person to be in fear for their safety, or for the safety of their immediate family or intimate partner.2
The second definition of stalking is when someone repeatedly does any of the following to you, your immediate family, or your intimate partner that causes serious emotional pain (distress):
- follows;
- approaches;
- contacts;
- places under surveillance; or
- uses any form of communication.1
“Immediate family” means your spouse, parent, grandparent, sibling, or child.3
The big difference between the two definitions is that the first one involves the stalker causing you to fear for the safety of you or your family and the second one does not. In the second one, the behavior must cause you to be seriously upset (distressed) but you don’t necessarily have to fear for your life or safety. For either type of stalking, however, you can be the victim of stalking, attempting stalking, or a threatened act of stalking.4
1 Colo. Rev. Stat. § 18-3-602(1)
2 Colo. Rev. Stat. § 18-3-602(2)(b)
3 Colo. Rev. Stat. § 18-3-602(2)(c)
4 Colo. Rev. Stat. § 13-14-101(3)
What is the legal definition of sexual violence?
For the purposes of getting a protection order, “sexual violence” means an act, attempted act, or threatened act of unwanted or nonconsensual sexual behavior, including:
- sexual assault, sexual assault on a child, including sexual assault by someone in a position of trust, or sexual assault on a client by a psychotherapist;
- unlawful sexual contact;
- enticement of a child;
- incest or aggravated incest;
- human trafficking of a minor for sexual servitude;
- sexual exploitation of children or procurement of a child for sexual exploitation;
- indecent exposure;
- soliciting for child prostitution, pandering of a child, procurement of a child, keeping a place of child prostitution, pimping of a child, inducement of child prostitution, patronizing a prostituted child;
- internet luring of a child, if it is a class 4 felony only;
- internet sexual exploitation of a child;
- public indecency, if the conditions in section(2)(b) are met and if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;
- invasion of privacy for sexual gratification;
- unlawful electronic sexual communication by a person in a position of trust; or
- unlawful sexual conduct by a peace officer.1
Included in the definition of sexual assault in #1 above is what is commonly known as “statutory rape.” This is when the sexual act is “consensual”, the parties are not married, and the ages of the parties are as follows:
| If the victim is… | Then the offender must be… |
|---|---|
| less than 15 years old | at least 4 years older than the victim. |
| 15, 16, or 17 years old | at least 10 years older than the victim.2 |
1 Colo. Rev. Stat. §§ 13-14-101(2.9); 16-11.7-102(3)
2 Colo. Rev. Stat. § 18-3-402(1)(d)-(e)
What is the legal definition of physical assault or harm?
A person commits physical assault if they cause you to have a physical injury (bodily harm).1 The law also allows you to apply for a protection order if the abuser threatens you with physical injury, even if you didn’t get hurt.2
1 Colo. Rev. Stat. §§ 18-3-202 ; 18-3-203; 18-3-204
2 Colo. Rev. Stat. § 13-14-104.5(1)(A)(I)
What is the legal definition of mistreatment/abuse of an elderly or at-risk adult?
“Mistreatment” of an elderly person or an at-risk adult means:
- abuse, which is defined as:
- causing physical pain or injury, which can be shown by large (substantial) or multiple bruises, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, bleeding on the brain (subdural hematoma), soft tissue swelling, or suffocation;
- unreasonable confinement or restraint;
- unlawful sexual behavior, as defined in section 16-22-102(9) of the law;
- caretaker neglect, as defined in section 26-3.1-101(2.3) of the law;
- exploitation, as defined in section 26-3.1-101(4) of the law; or
- a harmful act, as defined in section 26-3.1-101(5.5) of the law.1
Some examples of mistreatment are repeated acts of:
- verbal threats, assaults or harassment;
- giving you or threatening to give you medicine improperly;
- restraining you inappropriately, either physically or through medication or drugs (chemically);
- using their authority as a guardian or conservator to unreasonably confine you or restrict your liberty - in other words, treating you like a prisoner; or
- threatening violence or using actual violence against your animal, or taking, hiding or getting rid of your animal with the intention to coerce, control, punish, intimidate, or get revenge on you.2
1 Colo. Rev. Stat. § 26-3.1-101(1), (7); see Colo. Rev. Stat. § 16-22-102(9)
2 Colo. Rev. Stat. § 13-14-101(1)
What types of protection orders are there? How long do they last?
There are three types of civil protection orders for stalking, sexual violence, physical harm/threats, and abuse of elderly/at-risk adults: temporary, permanent, and emergency. The first two can be issued whether or not you have called the police about the abuse.1
1. Temporary Protection Orders: A temporary protection order can be issued if the judge believes that there is a risk or threat of physical, psychological, or emotional harm to you or your children.2 You can get the order without the abuser being notified beforehand or appearing in court, which is called “ex parte.” The judge is not supposed to deny you the order because the act or threat happened a while before you filed for the order, or because there is already a criminal protection order against the abuser.2 A temporary protection order is designed to protect you until your full court hearing for a permanent order takes place, which is usually within the next 14 days.3 The order is not enforceable until the abuser is personally served.4
2. Permanent Protection Orders: When both you and the abuser return to court for the hearing after you get a temporary protection order, the judge can:
- dismiss the order if the judge decides that you do not qualify for one;
- continue the temporary protection order for up to 1 year (if both parties are present at the hearing and both agree to the continuance); or
- grant you a permanent protection order, if the judge determines that the abuser has committed the act(s) that you allege and will continue to commit such acts or will intimidate or retaliate against you. The permanent order can have different terms from the temporary protection order, if necessary.5
Note: Protection orders can sometimes cover temporary care and custody of minor children. However, even if your permanent protection order lasts for many years, the part of the order that deals with custody can only last for one year from the date it is first awarded in a temporary order.6 To get a long-term custody order, you would likely have to file a separate custody petition.
3. Emergency Protection Orders: An emergency protection order can be requested by local law enforcement based on the belief that an adult is in immediate and present danger of domestic abuse, assault, stalking, or sexual violence. This type of order lasts only for a few days. It is generally issued when the courts are closed or if you file for a temporary protection order, but the judge cannot hold a hearing on the same day you file.7
1 Colo. Rev. Stat. § 13-14-104.5(1)(b)
2 Colo. Rev. Stat. § 13-14-104.5(7)(a)
3 Colo. Rev. Stat. § 13-14-104.5(10)
4 See Colo. Rev. Stat. § 13-14-104.5(9)
5 Colo. Rev. Stat. § 13-14-106(1)(a), (1)(b)
6 Colo. Rev. Stat. §13-14-105(1.5)
7 Colo. Rev. Stat. § 13-14-103(1)(e), (f)
What protections can I get in a protection order?
A temporary or permanent protection order may 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 for the possession and care of an animal owned by you, your child, or the abuser;1
- order both of the following if the judge decides that the domestic violence involved physical force, or the threat or attempt to use physical force:
- the abuser not to have firearms or ammunition while the order is in effect;
- the abuser 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 a minor 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)
How much does it cost to get a protection order?
There are no fees for filing for a protection order in Colorado when the reason is domestic violence, stalking, or sexual violence. In that situation, it is free to file the order with the court and serve it through the sheriff’s office.1 However, this means that a petition based on anything else, including solely on domestic abuse, may require a fee. If you are not sure, you can ask the clerk at the courthouse near you.
If you are required to pay a filing fee but are unable to afford it, you may apply to have the fee waived. More information can be found on the Colorado State Judicial Branch website.
1 Colo. Rev. Stat. § 13-14-109(1), (2); see Colo. Rev. Stat. § 18-3-602
Do I need a lawyer?
You do not need a lawyer to file for a protection order, but it may be better to have one. 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.
Depending on the details of your situation, domestic violence organizations in your area (if appropriate) and/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 and domestic violence organizations on the CO Places that Help page. You will find contact information for courthouses on the CO Courthouse Locations page.
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.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
