What Is a Protection Order and Who Can Request One?
A protection order is a legal tool that aims to prevent one person from contacting, harassing, threatening, or coming near another person. Also commonly known as a restraining order, these orders are most often used in situations involving domestic violence, harassment, stalking, or threats of harm. In Colorado, protection orders can be issued by a civil or criminal court depending on the circumstances.
If you are experiencing threatening behavior or feel unsafe due to the actions of someone else, you may be eligible to petition the court for a civil protection order. Likewise, if someone has accused you of harmful conduct, the court may issue an order against you, often with serious consequences. Understanding the criteria courts use to issue these orders can help you prepare and respond appropriately.
Types of Protection Orders in Colorado
Colorado law recognizes several types of protection orders, each of which serves a specific function and follows a distinct legal process. The most common categories include:
- Temporary Civil Protection Orders (TPOs): These are issued on a short-term, emergency basis. They are designed to offer immediate protection before a full hearing can take place. Judges may issue them without notifying the other party (ex parte) if there is a reasonable concern for imminent danger.
- Permanent Civil Protection Orders (PPOs): After a hearing where both sides present evidence, a judge may choose to make the protection order permanent. These orders can last indefinitely, and violating them can lead to criminal charges.
- Mandatory Criminal Protection Orders: In cases involving charges like domestic violence, stalking, or assault, courts will automatically impose a protection order to prevent contact between the defendant and the alleged victim while the criminal case is ongoing.
Each of these orders is bound by specific legal standards and timelines, and courts examine the details of the case carefully before issuing them.
Legal Standards for Temporary Protection Orders
To obtain a temporary protection order, the petitioner must convince the judge that they are in imminent danger of being harmed. Because this order is typically issued without the respondent present, the legal threshold is somewhat lower, but it still requires clear and specific allegations. A judge will want to see:
- A pattern or recent instance of threatening behavior
- Any physical violence or intimidation
- Harassing or stalking behavior, whether in person, over the phone, or online
- Acts of sexual misconduct or coercion
Often, judges rely on affidavits or testimony provided by the petitioner. If the judge believes there’s credible evidence of risk, the temporary order is issued, and a hearing is scheduled, usually within two weeks, to determine whether the order should be made permanent.
What the Court Considers at a Permanent Protection Order Hearing
The hearing for a permanent protection order is more formal and involves both the petitioner and the respondent. Each side has the opportunity to present evidence, call witnesses, and cross-examine the other side’s statements. The court will weigh the facts and determine whether ongoing protection is legally justified.
For a judge to grant a permanent protection order in Colorado, the petitioner must prove two key things:
- That the respondent committed one or more acts of domestic abuse, violence, harassment, or other harmful behavior
- That it is likely the behavior will continue without court intervention
The legal standard used in these hearings is known as the “preponderance of the evidence,” meaning it is more likely than not that the alleged conduct occurred. This is a lower burden of proof than in criminal trials, which makes it easier to obtain a civil protection order even if criminal charges were never filed.
Common evidence that may be introduced at the hearing includes:
- Text messages, emails, or voicemails containing threats or harassment
- Photos of injuries or property damage
- Medical or police reports
- Witnesses who observed abusive behavior
- Testimony from the petitioner or the respondent
If the judge finds the claims credible and the threat ongoing, the order may be granted permanently or for a set period with future review.
Mandatory Protection Orders in Criminal Cases
When someone is arrested or charged with a crime involving violence, especially domestic violence, Colorado law requires the court to issue a mandatory protection order. This is not optional. The goal is to protect the alleged victim while the case is pending.
Mandatory protection orders typically prohibit:
- Direct or indirect contact with the alleged victim
- Possession of firearms
- Visiting the victim’s home, workplace, or school
These orders stay in effect until the criminal case is resolved, through dismissal, plea agreement, or trial. If the accused violates the terms, they can be arrested and face additional charges, including contempt of court.
Importantly, even if the alleged victim doesn’t want the order, the court may continue enforcing it. Only a judge can lift or modify the terms of a mandatory protection order.
Challenging or Modifying a Protection Order
Whether you are the petitioner seeking additional safeguards or the respondent trying to contest an order, Colorado law does allow for modifications under certain conditions. For example:
- A respondent may request limited contact if co-parenting or shared housing is involved.
- A petitioner may ask the court to extend or strengthen the order if new threats or violations occur.
- After a certain period, the respondent may petition to have a permanent order lifted, though courts require convincing evidence of changed behavior and no further risk.
Both sides must follow proper legal procedures and provide sufficient justification for the requested changes. Judges take these matters seriously and aim to protect the safety and legal rights of everyone involved.
Contact Datz Law Firm Today for Assistance With a Protection Order
Whether you’re seeking protection from abuse or defending yourself against allegations, the consequences of a protection order are significant. A permanent order can affect your job, housing, gun rights, and even child custody. A violation can result in criminal charges and jail time.
At Datz Law Firm, we understand that protection orders are more than just legal documents; they impact people’s lives in lasting ways. Our team is here to help you understand the criteria, prepare for court, and take action that protects your safety, your rights, and your future.
If you’re involved in a protection order matter in Colorado, reach out to us for a confidential consultation. Whether you’re filing for protection or responding to a claim, we’re here to stand by your side and guide you through every step of the legal process.
