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How to Get a permanent protection order

What is a Protection Order?

Protection Orders, also called Restraining Orders, are orders to stop specific acts against anyone named in the Protection Order as a “Protected Person.” Some of the conduct that the restrained person can be ordered to stop doing are:

  • Contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting or abusing any Protected Person;
  • Entering or remaining on premises, or coming within a specified distance of a Protected Person or premises;
  • Taking, transferring, concealing, harming, disposing of, or threatening harm to an animal owned, possessed, leased, kept, or held by a Protected Person;

     or the court can grant such other relief as the court deems appropriate. C.R.S. 13-14-105(1)(i).

Either a Temporary or Permanent Civil Protection Order may be issued against an adult or anyone who is ten years of age or older.

How do I file for a Civil Protection Order?

A Civil Protection Order can be filed with a court in any county where the incident(s) occurred, or in any county where one of the parties resides, or in any county where one of the parties is employed.

Documents needed to file with the Court for a Civil Protection Order:

  • Verified Complaint/Motion for Civil Protection Order

Complete this form in its entirety.  Be specific and provide complete detailed information about why you want a Protection Order. 

If you do not want your address shown on the pleading, check box #6 on the Verified Complaint/Motion.  The Motion must be signed in the presence of a Notary Public, or you can sign it in front of a Court Clerk before you file it with the Court.

  • Information Sheet for Registering a Protection Order

Complete this form in its entirety and file it along with the Verified Complaint/Motion for Protection Order. It is important that the information be complete and accurate for enforcement of the Protection Order.

  • Affidavit Regarding Children if a child or children are involved

If you would like to ask the court for temporary care and control, interim decision-making, or parenting time for a child or children, or a Protection Order for the benefit of any minor child, you must complete this Affidavit.

  • Information Checklist (Optional)

You may complete this form to help you prepare for your hearing, but it is not required by the Court. You may keep the form, or you may file it with the Verified Complaint/Motion. If you decide to file this form with the Court, it will become a part of the public record.

Filing Fees

The Court may charge a filing fee to the person seeking a Civil Protection Order. A filing fee is required except when the person seeking a protection order is a victim of domestic abuse, domestic violence, stalking, sexual assault or sexual abuse. The court will also provide the necessary number of certified copies at no cost to the person seeking the Protection Order. The person seeking the Protection Order is not required to pay the filing fee, however, the Court may require the restrained person to pay the filing fee, service-of-process fees and attorney fees at the Permanent Protection Order hearing.

Temporary Protection Order Hearing 

You will more than likely be asked questions by the judge about your request to obtain a Temporary Protection Order and any issues regarding the child(ren), if that applies. If the Court grants your request, you will be given a written Temporary Protection Order.

With the Temporary Protection Order document, you’ll need to do the following:

Get certified copies of the Temporary Protection Order from the court clerk. The clerk will advise as to the number of copies you will need based on your circumstances. You will need one copy for yourself and one copy to serve on the restrained person. If you were awarded temporary care and control, parenting time and/or interim decision-making of the minor children, or if the restrained person was ordered to have no contact with the minor children, you may need additional copies for your work, children’s school, daycare provider, etc.

Personal Service

Once you receive a Temporary Protection Order, you are required to have personal service completed on the restrained person with a copy of the Complaint/Motion, the Temporary Protection Order and the Affidavit/Certificate of Service. As a reminder, the protection order does not really take effect until the person has been served and is on notice of the restraint. Completing service must be done prior to your Permanent Protection Order hearing or prior to the next hearing date if one is set by the Court. 

Provide a copy of the Complaint/Motion, the Temporary Protection Order, and the Affidavit/Certificate of Service to be served on the restrained person to a process server, someone you know who is 18 years or older who is not a party to the case and who knows the rules of service, or a sheriff.  Make sure after the restrained person is served that the person serving the documents returns the original and a copy of the Affidavit/Certificate of Service to you.  You must bring the original copy to Court on the day of your Permanent Protection Order hearing.  Always carry the returned Affidavit/Certificate of Service with you, along with your Temporary Protection Order. You may need to provide both forms to law enforcement, if a need would arise.

If personal service cannot be completed prior to the Permanent Protection Order hearing, you can file a motion asking the Court to continue the hearing to a later date to allow you more time to complete the personal service. Regardless, make sure you show up at the next scheduled hearing date to let the Court know of any attempts you have made and if you need that additional time. Failure to attend could result in your protection order being dismissed. 

Permanent Protection Order Hearing 

If you do not appear at the Permanent Protection Order hearing or the next hearing set by the Court, your Temporary Protection Order will automatically expire and you will no longer have a Protection Order.

If you obtained a Temporary Protection Order, you must bring the original Affidavit/Certificate of Service with you and file it with the Court.

If the Court grants your request either by default, by agreement, or after conducting an evidentiary hearing, you will be given a written Permanent Protection Order.  When you get the Permanent Protection Order, you’ll need to do the following:

  • Get certified copies of the Permanent Protection Order from the court clerk. The clerk will advise you as to how many copies you will need based on your circumstances. You will need one for yourself and one to serve on the restrained person if they did not attend the Permanent Protection Order hearing. 
  • If you were awarded temporary care and control, parenting time and/or interim decision-making of the minor children, or if the restrained person was ordered to have no contact with the minor children, you may need additional copies for your work, children’s school, daycare provider and possibly others.
  • Carry a copy of the Permanent Protection Order with you at all times.
  • If the restrained person is present during the Permanent Protection Order hearing, the Court will give a copy of the Permanent Protection Order to him/her and personal service is not necessary.
  • If the restrained person is not present at the Permanent Protection Order hearing and the Permanent Protection Order is different from the Temporary  Protection Order, you must complete personal service.

 

 

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Leslie
Shafer

Managing Partner - Domestic Relations

Colorado Springs

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