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What Is a Protection Order, and Do I Need One?

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What Is a Protection Order, and Do I Need One?

By: Genet

A protection order can shield you from someone who threatens you, intimidates you, harasses you, or continually contacts you despite you telling them to stop.

The process for getting a protection order in Colorado starts by requesting a Temporary Protection Order (TPO) at a hearing in front of a Judge.  Typically, the TPO Hearing is ex parte, which means that the perpetrator will not be present at the TPO Hearing.

At the TPO hearing, the Judge will ask for testimony and evidence from you and any other people with relevant personal knowledge about why you are seeking a protection order.  If the Judge decides to grant your request for a TPO, the Judge will order that the perpetrator is restricted from contacting or coming near you on a temporary basis.  The Judge will then schedule another hearing around 14 days later to decide if the TPO should be made permanent (referred to as a Permanent Protection Order, or PPO).  During the 14-day period between the TPO Hearing and PPO Hearing, the perpetrator needs to be personally served with your TPO documents so that she or he can attend the upcoming PPO Hearing.

At the PPO Hearing, the Judge will hear testimony and evidence from you, the perpetrator, and any other witnesses with relevant personal knowledge.  If the Judge decides to grant your request for a PPO, the Judge will order that the perpetrator is restricted from contacting or coming near you on a permanent basis.  If the perpetrator ever violates the PPO, you can call law enforcement.  The perpetrator cannot request to dismiss or modify the PPO for at least 2 years after the PPO Hearing.

Although there are many ways to prove that a protection order is necessary, below is a list of incidents that could convince a Colorado court to issue a temporary or permanent protection order on your behalf or on behalf of your children.  As you read below, keep the following in mind: (a) this is not a complete list of incidents; (b) the incidents are not listed in order of importance; (c) there is no formula on which combination of incidents is enough to get a protection order.

  1. Name calling or use of obscenities
  2. Threatening or harassing phone calls/emails/texts
  3. Threats to harm self
  4. Threats to harm others
  5. Harming, or threatening to harm, children by physical or sexual abuse
  6. Harming, or threatening to harm, animals
  7. Threats by displaying or pointing weapon
  8. Threats by stalking or following
  9. Damaging, or threatening to damage, property
  10. Grabbing
  11. Pushing
  12. Forcing sexual contact
  13. Slapping with an open hand
  14. Punching with a closed fist
  15. Kicking
  16. Using a weapon
  17. Biting
  18. Choking
  19. Beating
  20. Forcing someone to stay in a room or location, with or without access to their phone

We at Johnson Law Group are experienced in safeguarding individuals and families by getting temporary and permanent protection orders issued on their behalf.  We are also experienced in defending against permanent protection orders being granted where they are not warranted. Call us today to schedule a consultation with an attorney.

The post What Is a Protection Order, and Do I Need One? appeared first on Best Family Law Attorney in Colorado - Johnsonlgroup.

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