Romantic relationships are meant to be easy, fun, and comfortable. Most of all, they should be safe for the people in them. Unfortunately, the Colorado Department of Public Health and Environment reports that 30.5% of men and 36.8% of women who live in Colorado have been victims of intimate partner physical violence, sexual violence, or stalking. Additionally, 91 fatalities due to domestic violence were reported in Colorado in 2021, an increase of one and a half times the number of fatalities in the previous six years. Domestic violence victims are never to blame for the abuse inflicted on them, and Colorado offers a legal method by which they can attempt to protect themselves from their abuser. Protection orders can order the abuser to stop doing certain things or continue doing others that will protect the victim from more violence.
At Johnson Law Group, we stand beside victims of domestic abuse and assist them in filing for a protection order, filing for divorce, and filing for child custody. If you would like more information about how we may be able to assist you, please call (720) 706-5703 for a confidential consultation to review your circumstances.
Most people are able to describe what they understand domestic violence, also called domestic abuse to be: physical violence such as slapping, hitting, punching, kicking, or attacking with a weapon such as a knife or firearm. Domestic violence often also includes emotional, mental, and financial abuse. However, to qualify for protection orders in Colorado, domestic violence victims must have been subjected to the legal definition of domestic violence.
C.R.S. 13-14-101 defines domestic violence based on the specific type of relationship between the abuser and victim, and what the abuser does. First, the abuser must be the victim’s relative or former relative through blood or marriage, the victim’s spouse or ex-spouse, the father or mother of the victim’s child, the victim’s current or former intimate partner without marriage, or the victim’s current or former housemate. Then, the abuse must have threatened, attempted, or engaged in acts of harassment, stalking, violence, or coercion against the victim, the victim’s minor children, or any animals owned by the victim, the abuser, or the victim or abuser’s child. Coercion occurs when the abuser uses force, the threat of force, or intimidation to make the victim do something they have the right not to do or to make the victim not do something they have the right to do.
Colorado offers three types of domestic violence protection orders: temporary or ex parte, permanent, and emergency. Each type of order is issued under slightly different circumstances, but all of them are meant to legally protect domestic violence victims from their abusers.
A temporary, or ex parte, order of protection is issued when the judge believes the victim is in imminent danger. The meaning of ex parte is that the abuser is not notified about the hearing or present in court. The victim is not required to request a protection order immediately after a threat or act of violence, and the judge cannot deny the order based solely on the fact that time has passed since the event prompted the victim to file for the order.
This order is designed to protect domestic violence victims during the time it takes for a full court hearing for a permanent protection order. This court hearing typically takes place within 14 days of the temporary order being issued. This order is not enforceable until the abuser is personally served. Personally served means that the person serving the abuser must give the order directly to the abuser, not that the victim must be the one to serve the abuser.
At the full court hearing that takes place after a temporary protection order was issued, a permanent protection order can be issued. This can occur in two ways: a continued temporary order for up to one year, or a permanent protection order. If the victim does not appear for the full court hearing, the temporary protection order will expire and the protections it offers will no longer apply.
A continued temporary order for up to one year is issued if both the abuser and the victim are present at the hearing and both agree to the order). A permanent order is issued if the judge decides that the abuser has engaged in domestic violence against the victim and would continue engaging in domestic abuse if there were no protection order in place. The judge will determine how long the permanent protection order remains in effect.
Emergency protection orders are requested by local law enforcement if they believe an adult is in immediate and present danger of domestic abuse, assault, stalking, or sexual assault or abuse. Law enforcement can also request an emergency protection order if they believe that a minor child is in immediate danger of domestic abuse or an unlawful sexual offense based on an allegation of recent threatened or actual threatened domestic abuse or unlawful sexual offenses.
Emergency orders of protection are essentially temporary orders, but are used when the courts are closed or the victim has filed for an ex parte temporary order and the judge cannot hold the hearing that day. These orders usually last only a few days until a full court hearing can be held.
When asked, many people would say that a protection order requires an abuser to stay a certain distance away from their victim. While this is one possible protection that can be ordered, the specific protections a protection order provides are based on the specific details of the victim’s case. The judge can order a variety of protections based on the danger they believe the victim may be in.
The protections that can be provided can include:
Domestic violence victims must follow a four-step process to get protection orders in Colorado. Though they are not required to hire a lawyer to file for a protection order, it is recommended that victims consider hiring a lawyer. An experienced family law attorney with Johnson Law Group may be able to guide you through the process of filing for a protection order, as well as understanding any potential next steps, such as filing for divorce or child custody while the protection order is in place.
The Colorado Judicial Branch makes all of the appropriate, required forms readily available for domestic violence victims to file for protection orders. Victims will need to fill out JDF 402, the Verified Complaint/Motion for Civil Protection Order, and JDF 442, the Information Sheet for Registering a Protection Order. The JDF 402 must be filled out completely, with thorough, specific details about why the victim is applying for the protection order. Victims must sign the form in front of a notary public or in front of the Clerk of Court when they file the paperwork.
If there are children involved, the victim will also need to fill out a JDF 404, the Affidavit Regarding Children. This form must also be signed in front of a notary or the clerk. Children are involved if the victim shares children with the abuser and will need to request interim decision-making, temporary care, and control, or parenting time with the children. Children are also involved if the victim has children they do not share with the abuser but will need to file a protection order for the benefit of the children.
Colorado does not require domestic violence victims to pay a filing fee to file for a protection order. When the victim has completed and signed the forms, they will return them to the Clerk of Court. Typically, they will then remain there for a hearing before the judge. This allows the judge to review the petition, ask the victim any questions they may have, and then issue a decision about whether to grant a temporary protection order.
If the judge grants the temporary protection order, the abuser must be served with a copy of the petition for the protection order and a copy of the temporary protection order. The order is not enforceable until the abuser has been served, so it is important to have them served as soon as possible after the hearing. Service can be by the local sheriff’s department, a private process server, or anyone the victim knows who is at least 18 years old, familiar with the Colorado rules of service, and not involved in the case.
There are no fees for serving the abuser if the sheriff’s department serves the abuser. Once the abuser has been served, the individual who served them must fill out an affidavit or certificate of service, sign it in front of a notary, and return it to the victim. If a deputy sheriff serves the abuser, they do not need to sign the affidavit in front of a notary and can simply sign it and return it to the victim. The victim should then keep a copy of the affidavit of service with their copy of the temporary protection order and bring the original affidavit to the permanent order hearing. If the abuser has not been served by the hearing date for the permanent order, the victim can file a motion requesting the court continue the hearing to a later date so they have more time to try to serve the abuser.
Once the abuser has been served, the next step is to attend the hearing for the permanent order. The victim will provide the affidavit showing that the abuser was served. This can be essential if the abuser does not show up for the hearing, as the affidavit is evidence that the abuser was aware of the temporary order and the hearing date, so they cannot claim later that they did not know. If the victim does not come to court, the temporary protection order expires and the victim will no longer be legally protected from the abuser.
If the judge grants a permanent protection order, the victim will be provided a written copy. They should then get certified copies from the court clerk. The number of copies they may need will vary. Copies will be needed to provide to children’s schools, daycares, and babysitters, as well as the victim’s employer, landlord, and others who may need to know about the order. The victim may wish to have multiple copies so they can keep one on their person, one in their car, one at work, one at home, and copies at other places they often frequent to ensure that one is always available. Victims may want to consider asking for more copies than they think they need to ensure that they have enough. If the abuser was present at the hearing, the court will have provided them with a copy of the permanent order. If the abuser was not present, the victim will need to have the abuser served again with the new order.
Colorado law does allow judges to prohibit the abuser from possessing firearms and to relinquish any firearms they currently possess once a permanent protection order has been issued. Additionally, federal law 18 U.S.C. §922 prohibits anyone convicted of a felony, subject to a domestic violence protection order, or convicted of a misdemeanor crime of domestic violence from possessing a firearm. However, domestic violence victims should remain vigilant, as abusers may violate protection orders.
Protection orders can be very effective. Many abusers are intimidated at the thought of being arrested and going to jail or prison for violating an order. However, some abusers are very bold and will violate a protection order. Domestic violence victims should continue to use caution and protect themselves even when they have a protection order.
Some steps victims can take to protect themselves include:
Domestic violence victims are as entitled to feel safe as anyone else. They should not be tormented by their abusers forever. Colorado offers protection orders specifically to help legally ensure that victims can feel safe and move on from a traumatic, untenable past. You do not have to navigate the legal system alone as you try to protect yourself and your children. Call Johnson Law Group at (720) 706-5703 and we will work with you to schedule a completely confidential consultation to review your case and determine how we may be able to assist you.
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