Contact Us Today! 303.261.8111

Blog

An Overview of the Process for a Protective Order in Colorado

Posted by Marie Drake | Oct 28, 2021 | 0 Comments

Civil protective orders (CPOs, or “restraining orders”) are court mandates which provide relief to people seeking protection from another person who poses a threat. The State of Colorado has a very well-designed procedure for obtaining a CPO; furthermore, Colorado has a well-developed body of law in this area. In the case of Parocha v. Parocha (2018), for instance, the Colorado Supreme Court determined that the State of Colorado had jurisdiction over a non-resident for the purposes of protecting a resident via a restraining order. CPOs are often discussed in the context of family law because these orders frequently surface in the context of divorce and family dissolution. In this post, we will provide a quick overview of CPOs and then a discussion of the procedure for obtaining one of these orders.

Basic Overview of CPOs / Restraining Orders

As mentioned, the purpose of CPOs is to provide an additional layer of protection for a certain individual who has a rational fear of another person. In other words, these orders promote the safety of the petitioners who seek them. CPOs can be tailored to meet the particular needs of a given situation. The types of relief which can be included within a CPO are the following: forbidding direct contact between the respondent and the petitioner; forbidding the respondent from threatening the petitioner; forbidding the respondent from visiting or going near the petitioners' home; forbidding the respondent from visiting the petitioner's workplace or school; forbidding the respondent from harming the petitioner's pets; and so forth.

Overview of the Process in Colorado State

To obtain a CPO, a person needs to complete numerous steps and file various types of documentation with the court. The first step is to complete the “incident checklist,” which is simply a document that lists all the items needed by the petitioner. Next, the petitioner needs to file Form JDF 402, which is the formal complaint for a CPO. Within that complaint, several documents are needed, as well as a range of information. For instance, the petitioner needs to specify the exact reasons for seeking the CPO, his or her current address, personal information regarding the respondent (i.e. the party from whom the petitioner seeks relief), any joint children, information about the incident or past incidents, and so on.

After this complaint is filled out, the petitioner will submit the completed document to the court and then obtain a date for an ex parte hearing. This hearing involves only a judge and the petitioner and is necessary in order to determine whether a temporary CPO will be implemented. If the judge believes that a temporary CPO is necessary, then this will be entered. A hearing for a permanent CPO will be held within 2 weeks. At the hearing for a permanent order, both sides will have the opportunity to present evidence to substantiate their version of events. The judge will listen to both sides and make a determination based on all the evidence. A finding of imminent danger is not required in order to sustain a permanent CPO; instead, the judge simply needs to believe that the order will likely prevent the respondent from committing any further abusive acts against either the petitioner, the petitioner's child, or the petitioner's pets.

Importantly, the respondent must be properly served with the temporary CPO (if applicable), as well as notice of the final hearing date and time. This gives the respondent the time to arrange for a possible defense against the CPO.

A CPO is distinct from a no-contact order (NCO). We may return and discuss the details of an NCO in the near future.

Contact the Drake Law Firm to Learn More

As you can see, the basics of the procedure for a CPO are not too complicated. The details, however, can be complex, particularly when it comes to completing all the necessary paperwork. For assistance, contact the Drake Law Firm today by calling 720-797-6790.

About the Author

Marie Drake

Marie is a graduate of Trial Lawyers College, a member of the Colorado Trial Lawyers Association, a member of the Board of Trustees of the First Judicial Bar Association, a member of the Colorado Bar Association, the Denver Bar Association, the Colorado Women's Bar Association, The...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

CONTACT US TODAY

The Drake Law Firm, P.C. is committed to answering your questions about family law, business organizations, business transactions, and real estate law issues in Colorado.

Contact us today to schedule an appointment.

Menu