Without a doubt, divorce is a very emotionally charged life event. Oftentimes divorce is the most difficult event a person will experience in their life. During a divorce, sometimes a person may react in a manner towards their soon-to-be ex-spouse that constitutes grounds for a protection order, or worse, even criminal charges.
On June 3, 2024, Colorado amended its civil protection order statute, C.R.S. § 13-14-100, and the related follow-on statutes. The amendments significantly expand the grounds for granting a protection order against another person.
Before the new amendment, in Colorado, a judge could only issue a temporary protection order if they found an imminent danger existed to the person seeking the protection order. The amended statute dismissed the “imminent danger” requirement. The statute now only requires a judge need only find a “risk or threat of physical harm or the threat of psychological emotional harm” to the person seeking the protective order. The statute also changed language regarding the timing of filing for a protective order (the current statute does not limit the period to file a protection order).
In Colorado now, if a judge finds there is a risk or threat to a person, they may issue a Temporary Protection Order and set a date for a hearing to determine if the Order should become permanent. Once a Temporary Protection Order is in place, the person seeking the Order must have the other party, referred to as the “Respondent” or “Restrained Party” served with this Temporary Protection Order. If the restrained party fails to appear at the hearing, a bench warrant for their arrest may be issued.
The Temporary Protection Order will outline restrictions on contact between the two parties. The Restrained Party will be prohibited from having any contact with the personnel applying for the Temporary Protection Order. Sometimes the Court will grant some exceptions such as allowing the parties to communicate about children through a parenting app or allow communication regarding a pending divorce. These types of communications are strictly limited to the subject matter called out in the exception.
The Restrained Party often is restricted from coming within 100 yards of the Petitioner. This may include residences, employment locations, children’s extracurricular events if the Petitioner is present, etc., anywhere the Petitioner is likely to be found. The Restrained Party may also prohibited from interfering with the Petitioner’s employment educational relationships or environment.
If violence was involved in the offending conduct, the Restrained Party may be prohibited from possessing or purchasing any firearm, ammunition, or other weapon.
Often, the parties stipulate a resolution before a hearing to make the Temporary Protection Order permanent. If the parties do not resolve, the matter proceeds to a hearing. A Permanent Protection Order hearing is a mini-trial to see if the Temporary Protection Order will be permanent. At the hearing, both sides present evidence and testimony to support their position. However, where allegations of physical abuse, child abuse, stalking, or other allegations that could support a criminal charge are made, these hearings put the restrained person in a difficult position. In cases where there is physical evidence to support the charges, depending on how the person testifies, the restrained party’s testimony could be used as a basis to support a criminal charge. This is where the advice of a trained attorney is invaluable. The attorneys at Knies, Helland, and McPherson Law are well-versed in protection order litigation.
After all the evidence has been presented, the judge will make a decision based on a “preponderance of the evidence” standard. That simply means is it more likely than not that there was an act or threatened act that constitutes grounds for the issuance of a temporary order and that unless permanently restrained the respondent will continue to commit the acts or acts designed to intimidate or retaliate. If the judge finds there are such grounds, the judge will place a Permanent Protection Order in place. And permanent means permanent. The Order will stay in place forever unless the Court dismisses it. They do not expire, though a Restrained Party may petition to modify it after two years.
A Permanent Protection Order may have serious effects on the Restrained Person’s life. It can affect employment and housing opportunities. The Restrained Person may not be able to possess or purchase firearms. It may also hurt any divorce proceedings. Once in place, the restricted party cannot ask the Court to modify the Order for two years.
This is a basic outline of the Permanent Protection Order process. The full statutes can be found at C.R.S. § 13-14-100 and the follow-on statutes. If you are contemplating filing for or have been served with a Temporary Protection Order and are seeking legal advice, you can contact the attorneys at Knies, Helland & McPherson. Our attorneys are experienced and trained in handling and maneuvering the protection order landscape.