When a person feels that they are in danger because of potential harm from an abuser or harasser, their best option is to file a protection order against that individual or individuals. These help provide safety and prevent further harm. These orders can be temporary or permanent. Understanding how protective restraining orders work can help you file for one if you feel it is needed. It can also teach you how to avoid violating an order that may be filed against you.

At Johnson Law Group, LLC, our attorneys can help answer any questions you have about orders of protection or if you need help with any part of the process.

In any protective order, commonly referred to as restraining orders, there is a petitioner who is seeking protection from the respondent. These protections come in various forms.

• Temporary restraining orders (TRO): These are often granted for a period of 14 days. These are the first steps before acquiring a permanent one. However, to receive a TRO, the petitioner must show that there is imminent danger. This order also does not take effect until the respondent party has been served.
• Permanent restraining orders (PRO): Ultimately, these types of protective orders can last forever. While a judge can modify them, they must remain in place, as is, for a minimum period of two years. When petitioning for this type of protective order, the two parties will attend a hearing and argue their case. At that point, a judge will either issue a PRO or extend the TRO for an additional 120 days. Again, the order does not take effect until it is served.
• Emergency protection order (EPO): Protective orders are automatically issued in cases of domestic violence or sexual abuse. They can be obtained on behalf of the victim by a police officer. EPOs last for three days. These types of orders can also be obtained through law enforcement if the courts are closed for the weekend, holidays, or after hours. The expectation is that a victim will apply for a TRO within the time the EPO is in place.

Each of these protective orders seeks to protect petitioners from instances of stalking, sexual abuse, domestic violence, elder abuse, or other physical threats. While each case is unique, protection orders generally:

• Prevent contact between the petitioner and the respondent, including all in-person, electronic, and handwritten communications.
• Require that one or both parties avoid locations such as a home, business, vehicle, child’s school, or other designated places that may put both parties in contact with one another.
• The respondent may be forced to temporarily give up custody of children or even pets.
• There may be a ban on selling or obtaining various assets.

When people refer to protection orders in civil cases, they are referring to TROs, PROs, and EPOs. These are civil filings that will work through the court system the same way a financial claim would.

Criminal restraining orders, however, are not filed by the victim but by the court system in conjunction with criminal charges. This is often seen in cases of domestic violence. These types of restraining orders tend to last for the length of the criminal case.

Whether incidentally or purposefully, violating protective orders can come with severe penalties. Alleged violations can be reported by the victim or by someone else on behalf of the victim. Violations, however, come with criminal penalties.

• Civil restraining orders: If the first offense is because of stalking, and both parties were once in a relationship with each other, it is considered a class 1 misdemeanor. The penalties for such a violation include up to 364 days in jail and fines up to $1,000. Other first-time violations are considered a class 2 misdemeanor, which could carry 120 days in jail and fines up to $750. All subsequent violations are class 1 misdemeanors with the potential for up to 18 months in jail and up to $1,000 in fines.
• Criminal protection orders: First-time violations are a class 1 misdemeanor and carry penalties up to 364 days in jail and the potential for up to $1,000 in fines. Any subsequent penalties are a class 1 misdemeanor, resulting in up to 18 months in jail and up to $1,000 in fines.

Q: How Hard Is It to Get a PPO in Colorado?

A: To obtain a permanent restraining order, you must first obtain a temporary restraining order. This must prove to a court that there is imminent danger to you or a child in your custody. This order lasts for 14 days, at which time you can seek a permanent order. The difficulty depends on the evidence needed to persuade the court.

Q: Can You Fight a PPO in Colorado?

A: You can fight a protective order in court. A temporary order can be granted without trial. However, for an extension or permanent order, there must be a trial, at which point you may produce evidence in your favor. Additionally, if you are under the constraints of an order, you may request modification if you can prove that you have followed its guidelines and can show that there is no longer a threat.

Q: How Do I Get Around an Order of Protection?

A: In addition to a trial for permanence, you can file a motion with the court that challenges the order against you. However, "getting around" a protection is not only ill-advised but illegal. The only way to avoid the constraints of a protection order against you is to either put consistent time into following its guidelines or to challenge it in court.

Q: How Long Does a PPO Last in Colorado?

A: A permanent protection order can last a minimum of two years or forever. The defendant on a PRO can challenge the order after two years if they have evidence to prove that the order is no longer necessary. If the order is issued by a criminal court, it will be valid for the duration of the criminal case.

If you or someone you love needs a personal protection order, or you have been served with one and you are seeking to challenge it, modify it, or defend against a violation, it is imperative that you seek representation as soon as possible. At Johnson Law Group, LLC, our attorneys bring experience and knowledge to your case. If you have questions and need answers, contact our offices.