When you are faced with a threatening or dangerous situation—whether it’s a case of domestic violence, harassment, or stalking—knowing your rights and legal protections is essential.
In Colorado, protective orders (commonly known as restraining orders) serve as critical legal tools designed to prevent harm and safeguard individuals from further danger.
KEY TAKEAWAYS:
Being in a position of fearing for your safety is never okay…and there are ways to protect yourself in these situations.
In Colorado, protective orders are designed to help victims of abuse by providing legal protection from individuals who pose a threat to their safety.
Abuse of any type is never okay, and understanding that the situation you’re in is not your fault is critical.
It’s also important that you have the right people to help walk you through the process of keeping you safe and making sure you stay that way.
Understanding how protective orders work, who can request them, and how they are enforced can make a significant difference in not only your safety, but your peace of mind as well.
Whether you are seeking protection for yourself or someone you love, knowing the legal steps to obtaining and enforcing a protective order in Colorado can be empowering and potentially life-saving.
A protective order is a court-issued order that prohibits an individual (the restrained person) from contacting, approaching, or engaging in harmful behavior toward the petitioner (the protected person).
This legal directive has been created to provide security and distance for individuals experiencing threats, harassment, or abuse by another individual.
Protective orders vary based on the circumstances of each case and may include provisions such as:
Understanding which of these orders is going to apply to your situation will help you take the necessary legal steps to ensure your safety and enforce boundaries with the restrained individual.
Colorado courts offer different types of protective orders, depending on the urgency and nature of the situation.
Here are the key categories:
A Temporary Restraining Order (TRO) is an immediate protection order designed to address urgent threats. It is often granted without notifying the restrained person first (ex parte) to provide immediate safety until a formal court hearing takes place. TROs typically last 14 days and are effective until a judge decides whether a permanent order is necessary.
If the court determines that ongoing protection is required, the TRO can be converted into a Permanent Protection Order (PPO). Permanent orders can last indefinitely unless the petitioner requests removal or the court re-evaluates the circumstances. PPOs often have stricter terms, including long-term no-contact restrictions and firearm prohibitions.
Law enforcement officers can request Emergency Protective Orders (EPOs) when responding to incidents involving domestic violence or immediate danger. These short-term orders last for up to three days and are typically issued on nights, weekends, or holidays when courts are closed.
When a defendant is charged with a violent crime, stalking, or harassment, the court may impose a Criminal Protective Order (CPO). These orders remain active during criminal proceedings and restrict the accused from contacting the victim. Violating a CPO can result in additional criminal charges.
In Colorado, individuals who feel threatened, harassed, or endangered can petition for a protective order.
This includes victims of:
In Colorado protective orders are not limited to domestic situations—victims of harassment, stalking, or workplace intimidation can also seek protection against any individual posing a danger.
In Colorado, seeking a protective order can be a bit complex, and it’s important you know each step and how to navigate them ahead of time.
While most victims who need protective orders will work with an experienced lawyer, it’s still good to know the process so you can understand your rights, prepare necessary documentation, and ensure your request is handled efficiently.
Step 1: File a Petition
Your request for a protective order will be filed with the appropriate Colorado court, typically in the county where the incident occurred or where the petitioner resides.
The petition will ask for details about the threats or abuse you’ve experienced. If an Emergency Protective Order is needed, law enforcement can assist with obtaining a court-issued order.
Step 2: Attend a Court Hearing
A judge will review the petition and determine whether to grant a Temporary Restraining Order (TRO).
In most cases, petitioners must return to court for a formal hearing to extend the order into a Permanent Protection Order (PPO).
Step 3: Provide Evidence
During the hearing, you (or your lawyer) may be able to present evidence of threats, violence, or harassment.
These can include things like:
The judge evaluates the evidence before deciding whether a Permanent Protection Order is necessary.
Step 4: Enforcement of the Order
Once a protective order is granted, law enforcement ensures enforcement, meaning that violations can result in immediate arrest or legal consequences for the restrained person.
Violating a protective order in Colorado is a serious criminal offense.
Consequences may include:
Law enforcement takes violations seriously—if the restrained person disobeys the order, the protected individual should report it immediately to ensure their safety.
If you are in immediate danger or facing threats, taking legal steps to protect yourself is essential.
At Geigle | Morales, we are committed to helping individuals secure protective orders and legal protection against threats, harassment, and abuse. Our experienced attorneys understand the urgency of ensuring safety, and we are here to guide you through the process every step of the way.
Your safety is always our priority—let us help you take the necessary steps toward securing your future.