If someone has filed a protective order against you in Colorado, understanding how long it lasts can help you better comprehend its long-term impact on your life. The court issues temporary and permanent restraining orders. The duration of your restraining order in Colorado depends on which type it is and whether the original order has been modified.
What Is a Protective Order in Colorado?
A civil protection order or restraining order is a legal order issued by a judge to prevent a person from having contact with another person. These orders are often issued in assault or domestic violence cases or instances when a person fears physical harm from another. The “protected party” is the one who seeks the order, and the “restrained party” is the one whose actions are limited by the order.
Colorado civil protection orders prevent the restrained party from performing all of these actions with the protected party:
- Communicating with them
- Being in a certain proximity to them
- Returning to a shared residence
- Threatening or harming their child or pet
A restrained party is also prohibited from possessing or purchasing a firearm while the order is active.
Understanding the Different Types of Restraining Orders in Colorado
When a person feels they are in imminent danger, they can request a temporary protection order from the court. The court will schedule a hearing as soon as possible, often on the same day the motion is filed.
During the hearing, a judge will consider the applicant’s personal statements and the evidence in the forms they completed. If the judge sees reasonable cause to issue a temporary protection order, they will issue the order to last until the next hearing date, which must occur within 14 days.
At the next hearing, which is essentially a “mini trial,” both parties will be present and have the opportunity to share evidence to support their side. If there is a preponderance of evidence constituting grounds for a civil protection order, the judge will issue a permanent civil protection order. This order remains in place unless either party takes steps to modify or dismiss it.
Can a Permanent Restraining Order Be Dismissed?
While a restraining order in Colorado may be considered “permanent,” this does not necessarily mean that it will be in place forever. The protected party can dismiss the order at any time by filing a motion with the court.
Once a permanent restraining order is issued, the restrained party must generally wait two years from the date of issuance to file a petition to modify or remove it. Another hearing would occur. The restrained party must show a substantial change in circumstances and evidence that the protective order is no longer necessary.
Ultimately, the decision to modify or dismiss a restraining order in Colorado rests with the court. A judge would consider factors like:
- Whether the restrained person participated in a domestic violence treatment program or other applicable programs
- Whether the restrained person complied with the conditions in the order
- How far apart the parties live and work from each other
- How much time has passed since the order began
- Whether the applicant has faced criminal charges for assault or disorderly conduct
- Whether the applicant’s continued safety depends on the order
Seek Legal Assistance With the Court Hearing Process
If someone has filed a motion for a temporary restraining order against you in Colorado, you cannot take the issue lightly. You risk the judge issuing a permanent order that follows you for the rest of your life.
Grant & Associates Law Firm, P.C., represents clients facing motions for protective orders. Contact us today at 970-356-5666 or fill out our form to request a consultation with our criminal defense attorneys.