Protection (Restraining) Orders

Protection orders, sometimes also known as “restraining orders”, are orders that are issued by the courts when persons are being assaulted, harassed or otherwise in direct danger of aggressive and harmful behaviors. These orders have specific conditions that the offender/respondent must adhere to in the interests of the victim/petitioner safety. When these conditions are violated and reported to law enforcement, an offender/respondent can be charged criminally for violation of a protection order.

It is important to understand that LAW ENFORCEMENT DOES NOT HAVE THE AUTHORITY TO ISSUE PROTECTION ORDERS!

Victim Services is available to assist with answering general questions, and in some cases, submitting the civil protection order petition to the courts on behalf of the petitioner. Instruction as to which elements of the case should be included in a protection order petition constitutes legal advice, and cannot be provided by Victim Services staff. The following are the three types of protection orders commonly issued by the courts:

  1. CRIMINAL Protection Orders – are issued by the court during the formal advisement of charges following the arrest of an individual charged with crimes against persons, most commonly domestic violence, assault, sexual assault, and child abuse. This order remains in effect until final disposition of the case. “Final disposition” can have different meanings, depending on the case. For example, when an offender completes his or her sentence, that is considered “final disposition”, and the protection order will no longer be in effect. Conversely, if charges are dismissed at any point in the process, or a suspect is found “not guilty” in a jury trial, typically the protection order is “vacated”, or thrown out, which is considered “final disposition” of the case.

 

  1. CIVIL Protection Orders – are initiated by individuals, or “petitioners”, who are in fear for their safety because of the actions of another person, the “respondent”, when no complaints have been made to law enforcement OR no charges have been filed by law enforcement after receiving a complaint. IT IS HIGHLY RECOMMENDED THAT LEGAL ADVICE IS OBTAINED BEFORE PETITIONING THE COURT FOR A CIVIL PROTECTION ORDER! A civil protection order does not require that criminal charges be filed or be pending to make claims of danger or abuse against a respondent, however it is up to the petitioner to demonstrate such claims to the court, if one chooses to not seek legal representation. Typically, a fee is charged when submitting a petition, however that fee is waived when the reason for the petition involves domestic violence, sexual assault, and stalking. Please contact Victim Services, visit Getting a Protection Order | Colorado Judicial Branch or review JDF 400 - How to Get a Protection Order for a detailed description of the civil protection order process.

 

EXTREME RISK Protection Orders (ERPO) – can be issued if it can be proven that the respondent poses a significant risk of causing personal injury to self or others in the near future by having in his or her custody or control of a firearm, or by purchasing, possessing, or receiving a firearm. A petition can be initiated by family members in the household, but can also be initiated by professionals such as a mental health or medical provider, the local law enforcement agency in the respondent’s jurisdiction, educators, and faculty members. Collaboration with these professionals is recommended if you wish to submit a petition for an ERPO. For specific instructions, please review JDF 572 INSTRUCTIONS FOR OBTAINING A RESTRAINING ORDER  and Extreme Risk Protection Order Forms | Colorado Judicial Branch