Civil protection orders in Colorado are intended to protect someone threatened by another person. Many civil protection orders are linked to former domestic relationships.
Colorado issues several different types of restraining orders, including:
Domestic Violence: Protection orders that apply to couples and former couples.
Civil Harassment: Protection orders that apply to parties not in a domestic relationship.
Stay Away/Court Protection Orders: Protection orders initiated by a judge during a criminal trial for the length of the trial.
Emergency Protective Order: Protection orders requested by local law enforcement in cases of imminent danger (such as domestic abuse). These types of protection orders go into effect immediately and are temporary.
Juvenile Restraining Order: Civil harassment orders that apply in cases where those involved are under the age of 18.
Workplace Violence Restraining Order: Protection orders requested by employers to keep two employees separate.
Dependent Adult Abuse Restraining Order: Protection order implemented to protect dependent adult victims of abuse.
Has Your Ex Requested a Restraining Order?
How you deal with a protection order requested by your ex or anyone else varies based on whether the request was filed based on false accusations.
If your ex secures a protection order in Colorado based on false accusations, it can still have serious consequences. You might need to relocate, change your daily activities to avoid contact, and lose time with your children. It’s something that can affect your reputation and lead to implication in the involvement in future crimes.
The best thing to do if your former spouse or significant other has requested a protection order against you, whether it’s based on false information or not, is to speak to an attorney.
Violation of Civil Protection Orders in Colorado
Violating a civil protection order is a crime. If you have a protection order against you, you should:
Heed the order regardless of your location. Protection orders are put in the CLETS nationwide database, which means the order is accessible regardless of the state. Never assume you can violate a protection order because you aren’t in your usual location.
Avoid contacting the filer of the protection order even if he or she says it’s OK to do so. It’s fairly common to have a change of heart after requesting a protection order. In some cases, the filer invites the subject of the order to meet or spend time together. You should not do this. Regardless of the request, a protection order is a court order, which means you must obey it. The only way the two of you can spend time together is to request the court lift or change the order. Even if the other person initiated contact, you are responsible for upholding the order.
Understand the penalties associated with a violation of a civil protection order. Under Colorado law, violation of a protection order is a class 2 misdemeanor. Violation can result in three to 12 months in jail and/or a fine of up to $1000. Penalties are steeper for violation of a criminal protection order.
If you’re facing restrictions from a civil protection order in Colorado or you suspect your ex might be in the process of requesting an order, we can help. For more information or to schedule a consultation, contactBloch & Chapleau LLC by calling toll free (303) 331-1700 or fill out our online contact form.
