How to Obtain a Restraining Order in Colorado

Price Family Law
Denver Family Law Attorney

Protecting Your Well-Being Is Always a Priority

When your safety is at issue, immediate and decisive action is imperative.  Not all relationships last forever. Some couples simply grow apart, while others face specific issues that fuel their separations. Unfortunately, at times, either the reasons for the divorce or its impact places one person in danger from the other

In situations like this, restraining orders play a vital role. It is devastating for anyone to be worried about their (or their children’s) physical well-being.

When violence is a real concern obtaining a restraining order is an important and necessary action.

Are you concerned for your safety? Do you believe a restraining order will help to protect you? If so, consider speaking with a Colorado family lawyer for advice and counsel. You want to make sure you take the right steps in pursuing a restraining order; this professional can help with the process.

You are entitled to be safe, and a restraining order can offer you the extra protection you need. Leverage your time appropriately; hesitation can be dangerous.

What Is a Restraining Order

In Colorado, restraining orders (also referred to as protection or no-contact orders) are used to safeguard individuals who are believed to be in danger from another person. While often used when contentious divorces become dangerous, these orders are also appropriate in situations involving domestic violence and child abuse.

Recognizing that individual situations may require specific intervention; the State of Colorado offers three types of restraining orders.

As the name suggests, Emergency Protection Orders (EPOs) are extremely short term – three-day — interventions that are most often requested by law enforcement, when courts are not in session, in order to protect victims of sexual or domestic abuse. These documents become valid once the accused is served with the paperwork.

Temporary Protection Orders (TPO) are issued when an individual is in immediate danger and the request can be made during normal business hours. (Victims who receive EPOs generally file for TPOs once courts reopen)

As their name suggests, TPOs are short term, generally lasting no more than 14 days. Once the order is issued, a date for a hearing will be set, in which more permanent action will be discussed.  Because these orders are often requested by a victim, it is necessary to notify the adverse party (the alleged offender). In Colorado any individual over the age of 18 who is not a party to the order may serve the paperwork. In certain cases, this will be a professional process server or member of law enforcement.

Finally, permanent protection orders (PPOs) are the final step in the restraining order process. In order for a PPO to be ordered, a hearing must occur during which both sides have the opportunity to present their case. In the end, a judge will decide one of three things:

  • to extend the time frame of the TPO to 120 days or until the end of divorce proceedings
  • to make the PPO permanent
  • to lift the order if they do not believe the victim is in danger.

Bear in mind, it is important that the reasoning behind the request be sound, and the danger be real. Restraining orders can change lives; they must be warranted to be issued.

How to Obtain a Restraining Order in Colorado

Understanding Your Course of Action

If you are concerned for your safety, or that of your children, obtaining a restraining order makes sense. After all, you have to do everything in your power to protect yourself and your family.

When you are able to make your request during the operating hours of the courts, the process begins with paperwork. In Colorado, completing  form JDF 402 is your first step. Victims should make sure to complete the form in its entirety, providing specific information as to why a protection order is necessary.  This form must be notarized or signed in front of the Clerk of Court in order to be valid.  To this form, you would attach JDF 442, the Information Sheet for Registering a Protection Order.

Other paperwork you may be asked to complete includes the Affidavit Regarding Children (JDF 404) and an Incident Checklist (JDF 401). Your family law attorney can help you with this paperwork and represent you in the hearing which, in most cases, will be held the same day.

Be advised, victims who are concerned about their address being shared outside of the court can elect to have it omitted from the pleading

Price Family Law Is Ready to Help you Obtain a Restraining Order in Colorado

We Work Hard to Safeguard Your Well-Being

Concerns regarding stalking, domestic violence, abuse, and sexual assault are all valid criteria for obtaining a restraining order in Colorado. If you believe you are in danger, you should take action immediately. This can protect you from injury and even save your life.

That said, managing the process on your own can be overwhelming. Thankfully, help is available. Along with her team of compassionate family lawyers, Trista Price knows how to handle contentious situations. They will determine how to approach your case, complete paperwork on your behalf, paying close attention to sharing the specific reasons a restraining order is necessary, and submit your documentation.  They will also represent you at your hearing. Time and time again, Price Family Law is the first choice for many in difficult situations in Colorado.

Protecting individuals and families is the basis on which Price Family Law was founded.

Today, the firm is known throughout the state for the high-quality, hands-on service their team provides. When protection orders are in question, they act with urgency, understanding that hesitation is simply unacceptable.

Price Family Law attorneys listen actively, communicate clearly and concisely, and act quickly and decisively on your behalf, always with your best interests at heart. In every case they leverage their knowledge of the law and the resources of the firm. Your goals are their goals and achieving them is their priority.

Contact Price Family Law today at 720-615-1750 and schedule your free consultation. This is your opportunity to share your story and learn how they can help you get the protection you need in order to live your life and move forward safely.

Request Free
Consultation

Please complete the form below to let us know how we can help you. Our team will be in touch to arrange a consultation.

    Attorney Trista Price

    Trista McElhaney Price is a founding partner at Price Family Law, LLC. She specializes in high-asset divorce cases and legal matters involving complex business and financial issues as well as complex custody matters involving domestic violence, substance abuse issues, and mental health issues. Read Full Bio.