Protection Orders in Colorado
Domestic violence is an unfortunate, and sometimes common occurrence, in many marriages and intimate relationships. As a mechanism to prevent future abuse or stalking in a relationship, the legal system in Colorado provides protection orders to protect those that may be in danger.
Where Can They Be Filed?
Protection orders can be filed in municipal, county, or district courts. Oftentimes, if there is already a dissolution of marriage action, the Courts prefer the motions for protection orders be heard in the same case (with the same Judge) as the divorce case. Oftentimes, the issues in the divorce case, especially if children are involved, are intertwined with the issues of a protection order.
How Does the Process Work?
If an individual believes that they need a protection order against their spouse or significant other, he or she must first apply for a temporary protection order. The individual must file a Verified Complaint/Motion for Protection Order, an Incident Checklist, an Affidavit Regarding the Children (if you intend to ask for temporary care and control for the children), and an Information Sheet for Registering a Protection Order. These forms can be found on www.courts.state.co.us or may be found in the courthouse itself.
After you file these documents with the Court, a Judge will hold an ex parte hearing to determine whether to grant a temporary protection order. An ex parte hearing is generally a short hearing, without the presence of the other party. If a temporary protection order is granted, a permanent protection order hearing will be set within two weeks. The granted temporary protection order must be served on the other party, and he or she will have an opportunity to defend him or herself at the permanent protection order hearing.
Permanent Protection Order Hearing
In order to make a temporary protection order permanent, a party must prove by a preponderance of the evidence that a) the Respondent engaged in behavior or caused events to occur in the past that placed the protected party at risk of imminent danger; and b) the Respondent is likely to continue to behave or cause events to occur that place the protected party at risk of imminent danger if the protection order is not made permanent.
A permanent protection order may also be entered if the Court finds that a) the parties have been in an intimate relationship; and b) the Respondent has performed acts of harassment or stalking.
Ramifications
Whether you are requesting a permanent protection order or defending against a permanent protection order, you may want to get an attorney to represent you. If you need the protection, it may be absolutely necessary to have the protection order permanently, especially in light of the fact that if there is a violation you can call the police and have the other party arrested. On the other hand, if you are defending against a protection order, it is important to put your best case forward because this will be on your criminal record, can limit your time with your children, can keep you from purchasing or having a firearm, etc. Either way, a protection order is a serious matter not to be taken lightly. If you would like to set up a free consultation with the Hulse Law Firm, please call (720) 480-2247.
