How to File a Protection Order in Colorado

You’re taking the first step towards regaining control and safety – filing a protection order in Colorado. You’ll need to gather evidence and complete a petition form, detailing the abuse or harassment you’ve suffered, including dates, times, locations, and witness names. But what happens next? How do you ensure the respondent is formally notified, and what are the possible outcomes of this process?

Types of Protection Orders

Since you’re considering filing a protection order, it’s essential to understand the differences between them.

What constitutes harassment in Colorado offers three types of protection orders: Civil Protection Orders, Criminal Protection Orders, and Emergency Protection Orders.

Civil Protection Orders are filed by you or someone on your behalf, typically in cases of domestic violence, stalking, or sexual assault.

These orders can last up to two years and can be renewed.

Criminal Protection Orders, on the other hand, are issued by a judge during a criminal case, often as a condition of bond or probation.

They typically expire when the criminal case is closed.

Emergency Protection Orders are temporary orders issued by a judge when the court is closed, usually in situations where there’s an imminent threat of harm.

These orders are short-term, usually lasting only a few days, and are meant to provide immediate safety until a full hearing can be held.

Understanding the differences between these types of protection orders will help you determine which one is right for your situation.

Eligibility Criteria

Filing for a protection order can be a daunting task, especially when you’re unsure if you’re eligible.

In Colorado, you can file for a protection order if you’re a victim of abuse, stalking, or harassment by a family or household member, or by someone with whom you have a romantic relationship.

You’re also eligible if you’re a victim of sexual assault, regardless of your relationship with the perpetrator.

You can file for a protection order if you’re 18 or older.

If you’re under 18, a parent, legal guardian, or representative can file on your behalf.

Additionally, you can file for a protection order on behalf of your minor child if they’re a victim of abuse, stalking, or harassment.

You don’t need to have a specific address to file for a protection order.

If you’re homeless or living in a shelter, you can still file.

Filing a Protection Order Petition

Across Colorado’s judicial districts, you’ll find protection order petition forms waiting to be filled out and submitted to the court.

You can usually find these forms at the courthouse, a local law enforcement agency, or a domestic violence advocacy organization.

Make sure you’re filling out the correct form for your situation, as there are different types of protection orders.

When filling out the petition, be as detailed as possible about the incidents of abuse or harassment you’ve experienced.

Include dates, times, locations, and the names of any witnesses.

Also, describe any injuries or property damage you’ve suffered.

If you have any evidence, such as photos, emails, or voicemails, attach them to the petition.

Be honest and accurate when completing the petition.

Remember to sign and date it in front of a notary public.

Once you’ve completed the petition, submit it to the court clerk’s office.

The clerk will review your petition and forward it to a judge for review.

Serving the Restraining Order

You’ll need to have the respondent, the person the protection order is against, formally notified that a restraining order has been issued.

This is called “service of process.” In Colorado, you can’t serve the respondent yourself.

You’ll need to ask a law enforcement officer, a process server, or a private investigator to do it for you. They’ll need to personally hand the respondent a copy of the restraining order and any other relevant documents.

The server will then fill out a form called a “return of service” to confirm that the respondent was served.

You’ll need to file this form with the court. Make sure to keep a copy of the return of service for your records.

If the respondent can’t be found, you may need to ask the court for alternative service options.

The court will then decide how to proceed with serving the respondent.

Conclusion

You’ve taken the first step towards protecting yourself from abuse or harassment. Now, it’s crucial to follow the petition correctly and serve the respondent. Remember to attach evidence, sign the form in front of a notary public, and have the respondent formally notified. By doing so, you’ll be one step closer to regaining control over your life and safety.