Protection orders, also known as restraining orders, are legal tools designed to protect individuals from threats, harassment, or abuse. In Colorado, there are several types of protection orders available depending on the situation. These orders can play a critical role in ensuring safety and setting clear legal boundaries, but understanding the differences between them is essential. Whether you need to file for a protection order or are defending against one, knowing how these orders work and the specific protections they offer is key.
1. Emergency Protection Orders (EPO)
Emergency Protection Orders (EPOs) are issued when immediate action is needed to protect an individual from harm. These orders are typically sought outside of regular court hours, such as at night, on weekends, or during holidays, when the courts are not open. Law enforcement officers often assist individuals in obtaining an EPO through an on-call judge.
EPOs are commonly used in cases involving domestic violence, stalking, or credible threats of imminent harm. For example, if someone is being physically threatened by a partner late at night, they may contact law enforcement, who can request an EPO on their behalf. These orders are temporary and only remain in effect until the next business day when the courts reopen, at which point a temporary protection order may be pursued.
2. Temporary Protection Orders (TPO)
A Temporary Protection Order (TPO) is a short-term order issued by a judge to provide immediate protection while a more permanent solution is considered. TPOs are often granted in situations involving allegations of domestic violence, harassment, stalking, or threats. To obtain a TPO, the person seeking protection (the petitioner) must file a request with the court and demonstrate that they are at risk of harm.
During a hearing, the judge will evaluate the evidence and determine whether to issue the TPO. These orders typically remain in effect for 14 days but can be extended if necessary. TPOs often include provisions such as:
- Prohibiting the restrained person from contacting or coming near the petitioner.
- Restricting the restrained person from entering certain locations, such as the petitioner’s home or workplace.
- Requiring the restrained person to surrender firearms or other weapons.
The next step after a TPO is a hearing to decide whether a Permanent Protection Order should be issued.
3. Permanent Protection Orders (PPO)
As the name suggests, Permanent Protection Orders (PPOs) provide long-term protection for individuals who face ongoing threats or harm. While they are referred to as “permanent,” these orders can be modified or dismissed by the court if circumstances change. To obtain a PPO, the petitioner must attend a court hearing and present evidence demonstrating the need for continued protection.
During the hearing, the restrained person (the respondent) will also have the opportunity to present their side of the story. If the judge determines that a PPO is warranted, the order will remain in effect indefinitely, unless the petitioner requests its dismissal or the respondent successfully petitions the court for a modification.
PPOs often include similar provisions as TPOs, such as restrictions on contact and requirements to surrender firearms. Violating a PPO can result in serious legal consequences, including criminal charges and potential jail time.
4. Criminal Protection Orders
Criminal Protection Orders are issued as part of a criminal case to protect victims and witnesses from harm or intimidation by the defendant. These orders are common in cases involving domestic violence, assault, or other violent crimes. Unlike civil protection orders, which are requested by individuals, criminal protection orders are issued by the court as part of the criminal proceedings.
For example, if someone is arrested for domestic violence, the court may issue a Criminal Protection Order requiring the defendant to have no contact with the victim while the case is pending. These orders are designed to ensure the safety of victims and preserve the integrity of the legal process.
Criminal Protection Orders remain in effect for the duration of the criminal case and may be extended or modified as needed. Violating a Criminal Protection Order can result in additional charges and penalties.
How to Obtain a Protection Order in Colorado
If you believe you need a protection order, the first step is to file a petition with the court. The process begins by completing the necessary paperwork and providing details about the situation, including the type of harm or threats you are facing. In emergency situations, you can contact law enforcement for assistance in obtaining an Emergency Protection Order.
Once your petition is filed, the court will review the request and determine whether to issue a Temporary Protection Order. If a TPO is granted, a hearing will be scheduled to decide whether a Permanent Protection Order should be issued. During this hearing, both the petitioner and the respondent will have the opportunity to present evidence and testimony.
What to Do If You’re Facing a Protection Order
If a protection order has been filed against you, it’s important to take the matter seriously. Violating the terms of a protection order, even unintentionally, can result in criminal charges, fines, and jail time. To protect your rights, consult with an experienced attorney as soon as possible. Your attorney can help you understand the terms of the order, represent you at hearings, and work to resolve the situation in your favor.
Call Datz Law Firm Today for Help With a Protection Order
Whether you need help obtaining a protection order or defending against one, having an experienced protection order attorney by your side can make all the difference. At Datz Law Firm, we understand how complex and emotionally charged these cases can be. Our team has extensive experience helping clients navigate protection orders, ensuring that their rights are protected every step of the way.
If you’re in need of assistance with a protection order, contact us today. We’re here to provide the guidance and representation you need to protect your safety and your future.
