Differences Between a Restraining Order and a Protection Order
Most people refer to all orders of protection as restraining orders, but restraining orders and protective orders are not the same and differ in several important ways. While both types of orders are legal injunctions issued by the courts to prevent one individual from contacting or confronting the other, the process, application, and issuing courts differ.
Whether you are seeking a legal process to prevent a subject from contacting you, or you are the subject of someone else’s orders against you, it’s crucial to understand the key differences between restraining orders and protective orders.
If you need guidance regarding a domestic violence restraining order, contact our Colorado Springs domestic violence restraining order lawyer to discuss your legal options. Schedule your free consultation today.
Protective Orders In Colorado Civil Courts
Obtaining protective orders in Colorado requires a civil court case, or they may result from one, such as during a contentious divorce. Protective orders are issued in civil court cases, rather than criminal cases, and don’t require criminal charges. They often result from allegations of stalking, harassment, or threats between individuals involved in a civil court matter, such as divorce, child custody cases, or tort law for a personal injury.
When an individual feels that someone else poses a threat to their safety, their child’s safety, or a pet’s safety, but there are no criminal charges or a pending criminal case, they may petition the court for protective orders requiring the subject to keep a specific distance from the protected person and their home and workplaces, and to prohibit them from contacting the protected person through phone calls, texts, or emails.
Protective orders issued in a civil court proceeding may be emergency, temporary, or permanent, depending on the circumstances and the severity of the threat. In most cases, a judge issues emergency or temporary orders first, and these orders remain in effect until a hearing during which the involved parties present their cases. If the judge finds that the evidence supports the request, they grant a permanent protective order.
Restraining Orders In Colorado Criminal Courts
Protective orders typically begin with a request from a private citizen involved in a civil matter, but restraining orders are initiated by the court during a criminal prosecution. In most cases, these are no-contact orders prohibiting the subject of the criminal charges from contacting or confronting the alleged victim.
The court may issue a mandatory protection order at the defendant’s first court appearance after they’ve been charged. In some cases, the restraining order also prohibits the defendant from possessing a firearm.
Restraining orders may remain in effect throughout the criminal case against the defendant or may continue after conviction as part of the imposed sentence and probation.
What are the Consequences of Violating a Restraining Order or Protection Order In Colorado?
Violating a restraining order or protection order in Colorado is a criminal offense under C.R.S. § 18-6-803.5, which states the following:
“A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order …contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order …”
Violating a protective order can lead to immediate arrest and criminal charges, while violating a restraining order often results in contempt of court charges.
If you are the subject of a restraining order or protective order in Colorado, our Colorado Springs defense attorney at Anaya Law Group can tell you more about the terms and impacts of the order, and the consequences of a violation in your specific case.