How Long Are Colorado Restraining Orders In Effect?
Restraining orders in Colorado are civil orders of protection meant to prevent contact between the protected individual and the subject of the order. A mandatory domestic violence restraining order protects the alleged victim from the defendant by prohibiting the subject from “threatening, molesting, or injuring the protected individual.” This protection is addressed under Colorado Revised Statute (C.R.S.) section (§) 13-14-105.
Understanding Personal Protection Order, or Restraining Order, Limits in Colorado
Most Colorado restraining orders begin as temporary protective orders (TPOs) issued by a judge of the jurisdiction, either by police request at the scene of a domestic violence situation, or when an alleged victim files a petition with the clerk of court. The court issues a temporary order with an expiration date. The judge also determines a court date for a hearing within two weeks of issuing the temporary order. A Colorado Springs restraining order attorney can help explain what the temporary order means, what happens at the hearing, and what options may be available.
During the hearing, the alleged domestic violence victim typically seeks a permanent restraining order. At the hearing, the subject of the order has the right to dispute the domestic violence allegations and present their own case to the judge, who carefully considers both sides. A criminal defense attorney in Colorado Springs may help prepare for the hearing and protect the person’s rights.
The most common reasons for issuing a permanent restraining order include:
- Stalking or harassment
- Serious threats of violence
- Child abuse
- Domestic violence
- Sexual assault
Depending on the evidence and testimony presented at the protective order hearing, the judge may issue a permanent protective order. But is a permanent order of protection truly permanent?
Terms of Restraining Orders in Colorado
A restraining order, or personal protection order, does the following:
- Prohibits the subject from coming within a specified distance of the protected person
- Prohibits contact by phone, email, text, or other means of communication
- Restricts the subject from entering specific places, like the protected person’s home, workplace, or school
Restraining orders also prohibit the subject from making contact with the protected person’s pets.
How Long Does a Permanent Protective Order Last?
Despite the misleading name, permanent protective orders do not last indefinitely. Instead, the word “permanent” in this context means it is not the temporary order initially issued in the case. A permanent order lasts until the judge dismisses it. The subject of a restraining order may file for a modification or dismissal of the order with the following limitations:
- The subject of the order must wait at least two years from the issue date to seek a dismissal or modification, and then present a compelling argument for the modification at the hearing
- If the subject has previously filed a request for a dismissal or modification that was denied, they must wait two years after the denial to file another request
- The subject must be free of any criminal convictions during the duration of the restraining order and must pass a background check
Unless a judge approves a request for dismissal, the restraining order remains in effect for years or even decades. To obtain a dismissal, the subject of the restraining order must make a compelling claim that they are no longer a threat to the protected person, or that they’ve had a substantial change in circumstances that makes the order unnecessary.
In addition, the protected person may request a dismissal of a restraining order in Colorado at any time.
Restraining orders can have serious consequences, especially if you are trying to challenge, modify, or dismiss one. If you have questions about a protection order in Colorado, Anaya Law Group can help you understand your rights and options. Call Anaya Law Group at (719) 227-0007 to speak with an experienced attorney today.