Anyone who is a victim of domestic abuse or assault, or fears that someone may harm them or their children, may ask the court for a protection order. The purpose of a protection order is to prevent the restrained person from harassing, touching, assaulting, or otherwise interacting with the protected person on a temporary or permanent basis. The judge can use his or her discretion to include additional instructions in the order, as needed, to help protect the alleged victim.
In order to obtain a restraining order, a person will need to fill out a motion for protection order and other forms that help explain to the court why you are seeking the protection order. You will need to document any instances of prior abuse and provide any information that shows you are in danger of being harmed in the future. Once the necessary paperwork is filed, you will likely have a hearing the same day in front of the judge. If the judge finds that you are in danger, they may quickly issue a temporary order that will go in to affect the very same day. The temporary order will likely last approximately 14 days, before you will have to go to court again to make the order permanent. Before you go back to court, you will need to have served the defendant a copy of your complaint.
Violating a restraining order is a misdemeanor in the state of Colorado, and could result in jail time and up to $5,000 in fines. If the restrained person violates the protection order, law enforcement should be notified, and if the officer has probable cause to believe they violated the order, they will be arrested and charges could be filed against them.
Protection orders are taken very seriously in Colorado and violations can result in serious consequences. A criminal defense attorney in your area can review your case and provide assistance.