Civil protection orders promote safety and are designed to reduce violent acts from occurring. These orders can be used to help prevent serious harm to families and individuals. Civil and mandatory protection orders fall under Colorado Revised Statute 13-14–100.2. In many cases, these orders follow acts of domestic violence. They may also be considered as part of a divorce or custody case. As such, these complex orders can fall into the areas of criminal and family law.
Do you need a lawyer to help you file a restraining order in Colorado? Ore, maybe you want to have a restraining order against you removed. Having a skilled and experienced legal professional helping you can expedite the process in either direction. Your lawyer can explain how these orders work, whether you need one, how to get one removed, and more.
Our attorneys practice criminal defense and family law, so they know how to handle these orders from both sides of the courtroom. We can answer your questions and help you more easily navigate the complexities of protection orders.
At Koziel & Lehr, we believe that your safety and that of your family should always be a top priority! We have been helping families in Colorado for years. Let us assist you now.
About Civil / Mandatory Protection Orders in Colorado
A mandatory protection order is a decree made by the court that prevents one person from legally interacting with another person. Civil protection orders are legally binding orders designed to prevent partner abuse in Colorado.
Sometimes, one individual poses a significant risk of danger to another person. Protection orders are designed to keep at-risk individuals safe from harm by legally mandating that the potentially dangerous party stays away from them.
A civil protection order protects the plaintiff (the party filing the order) from sustaining harm by prohibiting the defendant (the party deemed dangerous) from certain types of conduct. Prohibited conduct can include forms of communication and visitation acts. If a civil protection order is put in place, the person named in the order must stay away from the protected person’s place of work, home, school, or business. Violating a mandatory civil protection order is a crime punishable by law in Colorado.
What is the difference between a restraining order and a mandatory protection order?
A “civil protection order” is also sometimes known as a restraining order in Colorado. So, there is no difference. The term restraining order is simply another term that is often used in casual conversation. A civil mandatory protection order is a legal order designed to protect one party from being harmed by another party.
How do you get a civil protection order in Colorado?
Sometimes known as restraining orders, civil protection orders are put in place if the court believes that there is a risk of imminent danger from one individual to another. When the court makes this determination, all relevant evidence will be reviewed.
How to get a restraining order against you removed?
If someone has received a civil protection order against you and you want to remove it, you should seek the help of a skilled attorney who also handles criminal defense cases. This process can be complicated, and you are not likely to find the specific answers you need online.
At Koziel and Lehr Law, we are experienced criminal defense attorneys who also specialize in family law. Call us today and let us take a look at your case. Then, we can help you determine what to do next.
What protection does a civil protection order or restraining order do?
Civil protection orders can be used for various kinds of legal protection. According to CRS 13-14-105, the court may issue protection orders that are necessary to protect a person through means of preventing communication and interaction. These orders can also be used to ensure that financial assistance continues, protect pets, and prevent threats.
Protection orders can be used to aid in:
- Preventing the aggressor from harming or threatening the protected party or their children
- Prohibiting contact between the protected person or their children and the aggressor
- Preventing the excluded party from entering certain residences
- Prohibiting interference with a protected party at their workplace, home, or school
- Protecting animals, property, or pets of the protected party
How do Civil / Mandatory Protection orders work?
How do you get a restraining order?
Getting a restraining order is more complicated than simply asking for one. You must show violent or threatening behavior has taken place. To do this, you will need to gather facts and evidence to support your claims. Then, you must follow the legal processes necessary for a judge to grant you a permanent civil protection order.
- Gather Facts and Evidence
Simply saying that someone has been abusive is not enough to get you a civil restraining order. The judge will likely be looking for incidents of verbal abuse, threats, damage to property, and physical abuse. So, if the person that you are trying to get a protection order against has recently damaged your property, be sure to file a police report. Additionally, if that person threatens you, harasses you, or physically abuses you, call the police right away. Your police reports can be submitted as evidence. - File a Civil Protection Complaint
Now, you will need to complete a JDF 402 Verified Complaint Motion. Your lawyer can help you easily fill out this form. It will include the reasons that you are seeking a protection order, information about where you live, information regarding any children you share with the defendant, and more. - Schedule an Ex Parte Hearing
Next, the party requesting a restraining order will usually appear in front of a judge. This is called the ex parte hearing. With an ex parte hearing, the other party will not be present. This hearing usually only lasts a few minutes. At this time, the judge will ask you a few questions to assess whether you are in imminent danger. - Serve Any Temporary Protection Order to the Other Party
A temporary protection order will usually be issued at or immediately following the ex parte hearing. This is especially true if you find yourself to be in imminent danger from the other party. The judge will schedule a follow-up hearing where the other party will be summoned. If the judge grants a temporary protection order, it will need to be served on the other party. In Colorado, the sheriff’s department may serve domestic protection orders. Otherwise, you might be responsible for ensuring that the temporary protection order is given to the other party. If you have used a lawyer, they can help you retain a private process server as well. - Attend the Permanent Protection Order Hearing
Permanent protection order hearings are usually scheduled within 14 days of the issuance of the temporary protection order in Colorado. At this hearing, the other party can make their case against why a protection order should not be put in place. However, if the other party does not appear in court, you may automatically be given a permanent protection order. This will all depend on the evidence. This means that a judge will look at the presentation of your case and decide if a permanent protection order is necessary.
How long does a restraining order last in Colorado?
This will depend on whether you have a permanent protection order or a temporary protection order. Generally, a temporary protective order lasts for up to 14 days. This order will be put in place until the court has a hearing for the permanent protection order. Some temporary protection orders are continued for up to one year if the judge believes it to be necessary.
When a permanent protection order hearing takes place, the court will decide if the temporary protection order should be made permanent. A permanent protection order will remain in place until it is legally removed. Various legal steps must be followed to have a permanent mandatory civil protection order removed.
How complicated are civil and mandatory protection orders to get or remove?
Many complicated legal steps must be followed to put a restraining order in place. To get a mandatory protection order removed, things can be even more complicated. Either way, hiring a dependable lawyer is highly recommended.
Moreover, each case is likely to differ. Some situations are dangerous and require immediate legal action. Other scenarios involve complicated personal circumstances. Whether you are trying to get a protection order or remove one, our family law attorneys are here for you. We make these processes easier and can explain how to properly proceed throughout each step. So, if you need a restraining order or want to get rid of one, the easiest thing to do is call our team.
For Civil / Mandatory Protection Orders, Call Koziel & Lehr LLC Now!
Do you need a restraining order? Do you have a mandatory protection order in place but want it removed? Has a no-contact been issued between you and someone else that is inhibiting your ability to heal your family? Whatever the case may be, we are here to listen to your side of the story!
With a family law attorney assisting you, the civil/mandatory restraining order process is likely to go faster and more smoothly. Do not hesitate to call our family law offices with questions. We will be able to review your case and offer specific answers about the legal process surrounding this topic.
The skilled legal professionals at Koziel & Lehr Law LLC have experience defending families in a range of circumstances! To schedule a consultation now, contact Koziel & Lehr Law LLC at (720) 314-8750.