Understanding Protection Orders in Colorado: Types, Process, and How Pav Law Can Help
Protection orders, sometimes referred to as restraining orders, play a critical role in safeguarding individuals from harm. In Colorado, these orders are a legal mechanism that restrict someone from contacting or approaching another person, typically in situations involving harassment, domestic violence, or threats of harm. If you are involved in a legal matter where a protection order is relevant, it’s essential to understand the types of protection orders, the process, and how they can be modified. At Pav Law we are experienced in defending clients facing all kinds of protection order, ensuring your rights are protected every step of the way.
Types of Protection Orders in Colorado
In Colorado, protection orders fall into several categories depending on the circumstances:
1. Civil Protection Orders
– Temporary Civil Protection Orders: These are short-term orders issued by a judge to provide immediate protection. They can be issued in cases involving accusations of domestic abuse, stalking, or assault. The order is often put in place until a hearing can be scheduled to determine whether it should become permanent.
– Permanent Civil Protection Orders: After a hearing, a temporary civil protection order can be made permanent if the judge determines that the accusations in the temporary protection order are true and ongoing protection is necessary. The protection order will also be made permanent if the accused party does not appear at the hearing. While labeled “permanent,” these orders can be modified or dismissed in certain situations if circumstances change.
2. Mandatory Protection Orders
These orders are issued as part of a criminal case, typically in cases involving domestic violence or other offenses that pose a threat to someone’s safety. Criminal protection orders automatically apply when charges of harassment, assault, or domestic violence are filed. They prevent the defendant from contacting the victim throughout the case and, in some instances, beyond the resolution of the case.
3. Emergency Protection Orders (EPO)
Emergency protection orders are granted in urgent situations where law enforcement or a judge determines that an immediate threat exists. These can be issued at any time, including nights and weekends, and remain in effect for up to 72 hours, giving the protected person enough time to seek a longer-term order through the court.
4. Domestic Violence Mandatory Protection Orders (MPO)
These are a specific subset of mandatory protection orders issued in domestic violence cases. These orders often come with specific provisions, such as requiring the defendant to vacate a shared residence, not contact the alleged victim in any way, surrender firearms, and not consume drugs or alcohol.
Key Differences Between Protection Orders
While all protection orders serve the same purpose of providing protection, they differ in the following ways:
– Duration: Temporary protection orders are short-term, while permanent orders can last indefinitely, though they can be modified or dismissed later. Criminal protection orders last for the duration of the criminal case.
– Scope: Criminal protection orders are tied directly to a criminal case, while civil protection orders can be sought independently of any criminal proceedings.
– Issuance Process: Civil protection orders are typically requested by the person seeking protection, while criminal protection orders are automatically issued as part of criminal proceedings.
– Modification: Permanent civil protection orders and some criminal protection orders can be modified if circumstances change, whereas emergency protection orders cannot be extended beyond their short duration.
The Process of Obtaining a Protection Order
1. Filing a Petition: The person seeking protection (the petitioner) must file a request with the court, providing evidence of the threat or harm they are facing.
2. Temporary Protection Order Hearing: A judge will review the evidence and may issue a temporary protection order, which can take effect immediately if the judge believes there is an imminent threat.
3. Service of Process: The temporary protection order must be served to the person against whom the order is issued (the respondent), ensuring they are aware of the restrictions.
4. Permanent Protection Order Hearing: Both parties will have a chance to present evidence at this hearing. The judge will decide whether to make the protection order permanent based on the information presented. If the respondent fails to appear at the permanent hearing, the order will automatically become permanent.
5. Criminal Protection Orders: For criminal protection orders, the process is automatic once criminal charges are filed, and the accused may need to follow specific conditions while the case is pending.
Can Protection Orders Be Modified?
Yes, protection orders in Colorado can be modified, but the process depends on the type of order. For permanent civil protection orders, either party can request a modification or dismissal by filing a motion with the court, explaining why the order should be changed. Similarly, criminal protection orders can be modified if the protected party requests a change and the judge deems it appropriate.
It is important to have legal representation when navigating protection orders, as any violation of these orders can lead to serious legal consequences, including criminal charges.
How Pav Law Can Help
Whether you’re seeking to defend against a protection order or need legal assistance with the terms of an existing one, Pav Law is here to help. Our lead attorney, Andrew Brown, is well-versed in the nuances of Colorado’s protection order laws. With years of experience in criminal defense, we can provide the guidance and representation you need.
We can assist with:
– Drafting the petition for a civil protection order
– Challenging the issuance of a protection order
– Modifying or dismissing an existing protection order
– Defending against accusations of violating a protection order
– Navigating the criminal consequences of protection orders in domestic violence or harassment cases
If you are facing a protection order or need legal advice, contact Pav Law at (719) 888-7888 or email Andrew Brown at andrew@pav.law. We are dedicated to ensuring your rights are protected and providing the strongest possible defense.