How To Get A Restraining Order In Colorado

Per 18-6-803.7.(b.5) (I) restraining orders, sometimes referred to as civil protection orders in Colorado, are court orders that can shield someone from danger, threats, or violent crimes. A court may impose these orders, which are either temporary or permanent to limit the behavior of the person they are directed at. A restraining order is typically issued when the court has received documented evidence showing that the defendant hurt or threatened to hurt the petitioner and that the petitioner is in imminent (likely) danger of further abuse or threats if the order is not issued. When a restraining order is issued in Colorado, it becomes a part of the Colorado Civil Court Records.

Types Of Restraining Orders in Colorado

The most common types of restraining orders in Colorado include:

• Domestic Violence Protection Orders: This addresses cases where the victim and abuser are both adults and share a close relationship
• Civil Harassment Restraining Orders: This is intended to shield people from non-physical harassment. Stalking, continuous unsolicited correspondence, and other types of intimidation that don't always entail physical assault are examples of this.
• Extreme risk protection orders: A court may impose an extreme risk protection order (ERPO), a civil restraining order that forces a person to give up their concealed carry permits and temporarily prohibits them from acquiring or owning weapons.

Restraining orders in Colorado may also be classified into emergency protection orders, temporary protection orders, and permanent protection orders.

Are Restraining Orders Public Records In Colorado?

Yes. In Colorado, restraining orders are typically regarded as public records. Government records, including court records, are generally accessible to the public for inspection under the Colorado Open Records Act (CORA). This implies that employers, landlords, and the general public can usually access restraining orders that are filed with the court. However, sensitive information like a victim's address, phone number, or other personal details might be redacted to protect their privacy.

How To Lookup Restraining Orders In Colorado

Individuals seeking court records related to restraining orders must first identify the appropriate District Court or County Court where the petition was filed. To search, record seekers may be required to state the case number, the names of the parties involved, or other relevant information. Copies of these documents may only be obtained by in-person or mail requests. Some of these District or County courts also maintain online case search or web docket tools. Individuals may input the name or case number of the respondent to complete a search. Alternatively, interested persons can use the central docket sheet/ search portal maintained by the Unified Judicial System of Colorado.

Can You Look Up a Restraining Order Online?

Yes. Restraining orders in Colorado are generally public records and are not limited to only the involved parties. Members of the public can look up publicly available information related to restraining orders online. The Unified Judicial System of Colorado runs an online case management system that gives the public access to Colorado's civil court case information. People can utilize the central docket sheet/ search portal to obtain information generated during trial court hearings. To search, fill in the required information and click on Find Docker. People can search by location, date, case number, party, or attorney. Furthermore, members of the public may find restraining orders on the online case search or web docket tools of the various county district courts.

How To File A Restraining Order In Colorado

Present the core filing workflow in paragraph form: select the correct order category, complete the Judicial Council or local forms, file at the appropriate court division, receive a hearing date, and arrange personal service on the respondent. Mention that a temporary order may be requested the same day to bridge the gap until the full hearing. According to the state's Judicial Branch guide, anyone who wishes to file a restraining order in Colorado may do so by taking the following steps:

• Complete the Relevant Forms

Here, the person seeking protection may complete the JDF 402 Complaint/Motion form and the JDF 442 Information Sheet and file them with the court.

• File at the Appropriate Court

The petitioner may submit the forms to the appropriate District Court, i.e, where the petitioner or respondent resides, or where the incident occurred. The Court Clerk will schedule a Hearing after the petition has been filed.

• Hearing: Temporary Order (Petitioner)

If scheduled, the court will notify the petitioner to attend the hearing and discuss the need for a Protection Order. If the court grants the request, a certified copy of a temporary protection order is given to the petitioner.

• Personal Service

The petitioner may then provide copies of the JDF 98 Affidavit of Service, the Motion/Complaint (JDF 402), and the Temporary Protection Order (JDF 398) forms to the local Sheriff or a process server. The process server completes service, finishes the form, and returns it to the petitioner who then files it with the Court.

• Hearing: Permanent Order (Both Parties)

The Court and the Parties debate whether to make the Temporary Protection Order permanent. The Temporary Order may be dismissed, modified, or extended by the Court.

Can You File A Restraining Order For No Reason In Colorado?

No. One cannot file a restraining order for no reason in Colorado. Per state law, individuals may only file a restraining order when they can provide evidence that violence or a threat of violence took place.

What Proof Do You Need For A Restraining Order In Colorado?

To successfully obtain a restraining order in Colorado, a petitioner needs to demonstrate to the court that the respondent has engaged in or is likely to engage in actions that justify the order. The following types of evidence can support the petition for a restraining order:

• Petitioner's testimony
• Pictures of physical injuries or damaged property
• Medical records
• Police records
• Eyewitness account
• 911 or answering machine tapes
• Written or text messages.

How Long Does It Take To Get A Restraining Order In Colorado?

There is no definite time for obtaining a restraining order in Colorado. A petitioner can obtain a Temporary Restraining Order (TRO) in Colorado rather quickly if the court determines that there is an immediate threat. One may typically obtain a TRO the same day the complaint is filed. However, the petitioner may have to wait for the court hearing to be completed before obtaining a Permanent Protection Order. The full hearing for a permanent protection order is typically scheduled within 14 days after the temporary protection order is issued.

How Long Does A Restraining Order Last In Colorado?

In Colorado, the classification of a restraining order determines how long it lasts. Temporary Protection Orders (TPO) normally last for two weeks until a hearing is held to decide whether to issue a Permanent Protection Order (PPO). A PPO is in effect indefinitely until the court modifies or terminates it. However, law enforcement agents can acquire Emergency Protection Orders in circumstances that occur outside of regular court hours. Unless the court extends them, these orders may expire no later than the close of judicial business on the day after they are issued.

How Much Does A Restraining Order Cost in Colorado?

Individuals seeking to file a civil protection order in Colorado will be required to pay a filing fee of $95. They may also obtain a certified copy of a protection order for $20. However, individuals involved in cases of domestic violence, sexual assault, or stalking are not required to pay filing fees. People who cannot afford the filing fees may fill out and submit the JDF 205 Motion to Waive Fees form and the JDF 206 Order re Court Fees form if they can't afford them.

Can You Cancel A Restraining Order In Colorado?

A Protection Order may be changed or cancelled at any moment by the protected person, their lawyer, parent, legal guardian (if they are a minor), or an appointed conservator on their behalf. Any adjustment, including but not limited to a change in the Protection Order's duration or its termination, may be requested by the covered person. To cancel a restraining order in Colorado, one must take the following steps:

• File a petition: complete and submit all the necessary sections on the JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order form. This form must be signed in front of a Court Clerk or Notary Public. The same case number listed on the original Temporary or Permanent Protection Order paperwork is to be used. The clerk will fill in the date and time for the hearing.
• Service: Complete the other party's personal service. The sheriff, a private process server, or a person known by the petitioner, who is at least eighteen years old, not involved in the case, and is aware of the terms of service may do this. The Petitioner must ensure that the server returns the original and a copy of the Affidavit/Certificate of Service. The original is then filed with the court before the hearing.
• Hearing: The Petitioner may be asked questions about their request to modify or dismiss the Protection Order. If the Court orders that the Protection Order is modified or dismissed, the petitioner will be given a court order to that effect.