We explain the different types of protection orders and the process for dealing with each.

What is a protection order? Protection orders, also called restraining orders, are a legal mechanism designed to protect individuals from harm. A protection order works by restricting contact between the named parties in the order. The type of contact restricted, the length of restriction period, and penalties for violating the order depend greatly on the circumstances which led to the order being issued. 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

What are the different 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. Our office can help you complete the TPO process completely online, learn more here.

– 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 petitioning party will likely have to attend in person. If the accused party does not appear at the hearing, or the petitioning party convinces the court that a permanent order is necessary, the protection order be made permanent . 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.

– Negotiable: A District Attorney cannot offer to modify or dismiss a mandatory protection order as part of plea negotiations, even if the alleged victim wants it dropped or changed. It’s illegal to use mandatory protection orders as part of plea negotiations. They’re mandatory; it’s kind of the point. Modifying mandatory protection orders is possible, but it requires a court order from the judge.

However, the same is not true for civil protection orders. Civil protection orders can be used as a carrot or a stick. By offering, or threatening, to modify a civil protection order, the petitioner can either encourage or pressure the restricted party into making concessions they might not have otherwise made.

The Process of Obtaining a Civil 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 and filing the petition for a civil protection order (For people who need a protection order AGAINST another party). We can even help you do it online!

– Fighting the accusations leveled by the opposing party against you

– Modifying or dismissing an existing protection order

– Defending against accusations of violating a protection order

– Navigating the criminal and civil 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.

Sources & References

What is a Protection Order?