This is an official form from the Colorado State Judicial Branch, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Colorado statutes and law.
This is an official form from the Colorado State Judicial Branch, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Colorado statutes and law.
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And protective orders usually refer to the mandatory order of protection that courts automatically impose against defendants in criminal cases, whether the victim wants it or not. But in practice, judges and attorneys use the terms restraining order and protective order interchangeably.
Mandatory protection orders in Colorado are court orders. They forbid a criminal defendant from harassing the alleged victim of the crime. They also protect any witnesses to the crime. The protection order can forbid you from even contacting these people.
If you've obtained a Protection Order, either you or the respondent can apply to the Family Court to have the order cancelled (?discharged?). The judge will only cancel the Protection Order if satisfied that it's no longer needed for your protection.
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.)
You must complete a fingerprint-based criminal history check before filing a motion to modify or motion to dismiss the Permanent Protection Order. The Court will not consider the motion unless the fingerprint-based criminal history check is done within 90 days prior to the filing of the motion.
In Colorado, mandatory protection orders last throughout the court process. They begin at your first court appearance. They end when your case is resolved.
First, you must obtain a temporary restraining order (TRO). The TRO lasts up to 14 days. It will state the date and time you must return to make the order permanent (the permanent hearing). Second, you must return to court on the date indicated on the TRO for the court to issue a permanent restrain- ing order (PRO).
The court will consider all relevant evidence regarding the victim's safety and protection. There's no clear-cut evidence that has to be provided in order to have a restraining order granted.
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.
CRS 18-6-803.5 is the Colorado law making it a misdemeanor offense if you knowingly violate a protective order for domestic violence. Penalties are up to 18 months in jail and/or fines of $1,000, depending on nature of the protection order and whether the defendant has prior convictions.