A protection order can immediately change the way parents communicate, exchange their children, and exercise parenting time. When a protection order and an existing Colorado child custody arrangement overlap, parents need to understand exactly what each court order requires.
Colorado courts can address temporary care of children, parenting time, and decision-making responsibilities within a protection order. The outcome depends on the allegations, the terms of the order, existing custody orders, and what the court determines is appropriate for the children.
For parents in Louisville and throughout Colorado, taking a protection order seriously is critical because violating its terms can create consequences beyond the underlying family law case.
Can a Colorado Protection Order Include Children?
Yes. A Colorado civil protection order can contain provisions involving minor children.
Depending on the circumstances, a court may address temporary care and control of the children, parenting time, decision-making responsibilities, or contact between a restrained parent and a child. Colorado’s current protection order forms specifically provide courts with options for addressing these issues.
A protection order may therefore have an immediate effect on an existing parenting arrangement.
Our Louisville child custody attorneys help parents understand how custody and parenting issues may be affected when a protection order becomes part of a family law dispute.
What Happens to an Existing Parenting Plan?
An existing parenting plan does not mean parents can ignore a later protection order.
The specific language of the protection order is critical. Colorado’s permanent protection order form explains that provisions concerning the care and control of children can govern over other orders when the provisions conflict. Terms in another order that do not conflict may remain in effect.
For example, imagine that an existing custody order gives both parents regular parenting time. A subsequent protection order could temporarily impose different restrictions on contact, exchanges, or parenting time.
Parents should carefully compare the orders rather than assume the older custody arrangement automatically controls.
When the language is unclear, getting legal guidance before acting can help prevent an accidental violation.
Can a Protection Order Restrict Parenting Time?
It can.
A court considering a protection order may impose restrictions that affect how, when, or whether parenting time occurs. The particular restrictions depend on the circumstances before the court.
Potential provisions could address:
- Whether a parent may have contact with a child
- When parenting time may occur
- Temporary care and control of the children
- Interim decision-making responsibilities
- How parents communicate
- Locations from which a restrained person must stay away
- Other conditions intended to protect the named protected parties
In some situations, parenting time may continue despite a protection order between the parents. That can require carefully structured communication or exchanges so the parents can comply with both the parenting arrangement and restrictions on direct contact.
Colorado Judicial Branch materials specifically contemplate protection orders that allow existing parenting time and decision-making arrangements to continue.
Does a Protection Order Automatically Change Permanent Custody?
Not necessarily.
A protection order can have an immediate and significant impact, but temporary provisions concerning children should not automatically be treated as a final resolution of all custody issues.
Colorado uses the term “allocation of parental responsibilities” to address what people commonly call child custody. This includes parenting time and decision-making responsibilities.
A protection order proceeding and an allocation of parental responsibilities case may overlap, but they serve different purposes. The court may need to address immediate safety concerns in the protection order proceeding while broader parenting issues continue to be handled in a divorce or custody case.
Colorado’s protection order forms expressly allow temporary provisions involving care, parenting time, and decision-making.
What if Domestic Violence Is Alleged?
Allegations of domestic violence can be highly significant in Colorado family law proceedings.
When a parent alleges threatening, abusive, or violent conduct, the court may need to consider both immediate protection and the effect of the alleged behavior on the children and parenting arrangement.
Evidence may include:
- Police reports
- Photographs or videos
- Text messages and emails
- Voicemails
- Medical records
- Witness testimony
- Prior protection orders
- Evidence involving threats or harassment
- Records showing violations of an existing order
The existence of an allegation does not eliminate the need for the court to evaluate the evidence. Likewise, parents should not assume that conduct involving only the other parent is irrelevant to a custody case.
The facts surrounding the alleged conduct, its effect on the family, and the safety of the children may all become important.
What Happens After a Temporary Protection Order Is Issued?
A temporary civil protection order is not necessarily the end of the proceeding.
Colorado generally schedules a hearing to determine whether the temporary order should become permanent. According to the Colorado Judicial Branch, a permanent protection order hearing is usually set within 14 days of the temporary protection order hearing, although a court may set a future hearing to address parenting time and decision-making responsibilities.
That hearing can be extremely important when children are involved.
Both sides may have the opportunity to present relevant evidence. The court can then determine whether a permanent protection order is appropriate and what provisions should apply.
A parent facing this situation should pay close attention to hearing dates, service requirements, and every restriction contained in the temporary order.
What if the Protection Order Conflicts With Child Exchanges?
Protection orders can create practical challenges when parents previously exchanged children directly.
If an order restricts contact between the parents, continuing to meet face-to-face simply because that was the normal exchange procedure could create a serious problem.
Depending on the court’s orders, alternatives may need to be considered. These could involve structured exchange arrangements, third parties, or other methods that allow parenting time to occur without violating restrictions.
Parents should not create informal exceptions to a protection order themselves.
Even if both parents agree that direct contact is convenient, the restrained person remains responsible for complying with the actual court order until it is changed by the court.
Our Colorado protection order attorneys can review the restrictions and help determine how they interact with an existing family court order.
Can a Protection Order Lead to a Custody Modification?
A protection order may become relevant to a request to change parenting time or decision-making responsibilities, but modification is a separate legal issue with its own requirements.
Colorado courts allow parents to seek changes to parenting orders under appropriate circumstances. The standards depend on what type of modification is requested and the facts involved. The Colorado Judicial Branch also provides separate procedures for changing parenting time and decision-making orders.
A protection order, the conduct underlying it, or new concerns about a child’s safety may become evidence in a modification proceeding.
The existence of the protection order alone, however, should not be viewed as a guarantee of a particular custody outcome.
What Should Parents Do When Both Issues Overlap?
When a Louisville parent is dealing with both a protection order and a child custody case, careful compliance should be the immediate priority.
Read every provision of the protection order closely. Keep copies of current protection and parenting orders. Preserve relevant communications and other evidence. Attend all required hearings, and do not rely on informal agreements with the other parent that contradict a court order.
Most importantly, do not assume that the protection order and custody case exist independently. What occurs in one proceeding can have significant consequences for the other.
Talk With a Louisville Family Law Attorney
Protection orders can affect parenting time, communication, decision-making responsibilities, and the practical operation of an existing Colorado custody arrangement. Understanding exactly what the court has ordered is essential before making decisions about contact or parenting time.
If you are dealing with a protection order and child custody issue in Louisville, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
