People typically refer to civil protection orders as “civil restraining orders” or “restraining orders,” but the words “restraining order” no longer exist in the Colorado statutes that apply civil protection orders. Now, the words “civil protection order” are the exclusive terms that apply to the action.
In Colorado, pursuant to Colorado Revised Statutes section 13-14-104.5, any person can request a civil protection order against another person, to prevent assaults and threatened bodily harm, to prevent domestic abuse, to prevent emotional abuse of the elderly or of an at-risk adult, to prevent sexual assault or abuse, or to prevent stalking. When a person requests a protection order by filing the motion at a courthouse, the court will usually set an immediate hearing with a judge or magistrate and issue a temporary protection order, which would need to be personally served on the other person. The matter would get set for a contested hearing within 14 days from the date that the original temporary order was issued.
A protection order is typically handled by a County Court Judge or Magistrate. If the protection order is tied with an open divorce or family law case, then it can sometimes be handled by the District Court Judge or Magistrate handling that matter. Every county or judicial district handles these issues uniquely.
If you have requested a protection order in Colorado, or if you have been served with a temporary protection order, there is a very short amount of time to act and prepare for the upcoming hearing. Call our office today if you wish to discuss your case with us.