Restraining orders in Colorado are demands issued by the courts that mandate an alleged abuser to avoid contact with the alleged victim. Restraining orders (sometimes called protective orders) are put in place to protect the innocent from domestic abuse situations or other threats.
In Colorado, anyone fearing for their safety can apply for a restraining order from the local court. From here, the judge may issue a temporary restraining order or permanent restraining order.
What is a Restraining Order in Colorado?
Colorado courts issue restraining orders that prohibit contact between people to prevent harm. Restraining orders are often issued in domestic abuse situations.
Grounds for a Restraining Order in Colorado
- stalking
- sexual assault
- unlawful sexual contact or advances
- physical assault
- threats
- abuse of the elderly
Restraining Orders Are Also Referred To As:
- Protective Orders
- Protection Orders
- Orders of Protection
- No Contact Orders
- Stay Away Orders
What is an Emergency Protective Order (EPO)?
Emergency protection orders are a type of restraining order that last 3 days. Typically, a police officer obtains an EPO for an alleged victim when he or she is in immediate danger from domestic abuse or sex offense, and the request was made after normal court hours. EPOs must be served to the other party, be it a local sheriff, a process server, or anyone over 18, who isn’t mentioned in the EPO.
Restraining Order Violation in Colorado: § 18-6-803.5
What happens if you violate a restraining order in Colorado? Police may arrest an adverse if they have probable cause to believe that the person violated the terms of a restraining order. This holds true regardless of if the victim reports or if someone else does. It also applies regardless if the other party previously violated the restraining order, as well.
The sentences for violating a protection order in Colorado are as follows:
- Civil Protection Order (TRO, PRO or EPO) First Offense: Class 2 Misdemeanor. 3-12 months in jail and/or $250-$1000 in fines.
- Civil Protection Order (TRO, PRO or EPO) Subsequent Offense: Class 1 Misdemeanor. 6-24 months in jail and/or $500-$5000 in fines.
- Criminal Protection Order First Offense: Class 1 Misdemeanor. 6-18 months in jail and/or $500-$5000 in fines.
- Criminal Protection Order Subsequent Offense: Class 1 Misdemeanor. 6-24 months in jail and/or $500-$5000 in fines.
How Much Does a Restraining Order in Colorado Cost?
The court may assess a filing fee to the person seeking a restraining order in Colorado. A filing fee of $85 is typically required except when the person seeking the order is a victim of domestic abuse, sexual assault, stalking, or unlawful sexual advances.
For those who wish to file but cannot afford the fee may fill out a motion to file without payment. If the court approves, your filing fee can be waved.
At the end of the day, a restraining order can cost you a lot more than the initial $85, as these orders often end up having far-reaching, unintended consequences for all parties. Restraining orders in Colorado, and any state for that matter, are only as strong as the alleged abuser’s willingness to obey the law. On the other end of the spectrum, the alleged abuser may not have actually committed any crime, or act of violence, and is being falsely accused. Unfortunately, protective orders in Colorado can take a heavy toll on the alleged abuser’s reputation, bank account, and everyday life.
Because of the difficulty of terminating it, if you have a Colorado restraining order, you should contact a domestic violence criminal defense attorney immediately.
WeedenLaw offers free consultations 24/7 at 720-307-4330.
