Restraining Orders

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)