When a spouse in Colorado decides to divorce or separate, emotions can run high, leading to conflicts and potentially dangerous situations. An individual may seek a restraining order against their partner in such cases. In Colorado, several types of restraining orders, also known as protection orders, can be issued, each with its specific purpose and duration.
Many victims of abuse by intimate partners know that leaving an abuser is risky. Understanding these legal tools can help individuals protect themselves during difficult times.
Temporary Restraining Order (TRO)
A Temporary Restraining Order is an immediate, short-term order issued by a judge to protect until a more comprehensive hearing can be held. A TRO can be critical if there is an immediate threat of violence or harassment.
The process usually starts by filling out a form for the court, explaining why you need protection. If the judge believes there is enough evidence of a threat, they will issue the TRO, which usually lasts until the full court hearing, often within 14 days.
Emergency Protection Order (EPO)
An Emergency Protection Order is another short-term order that can be issued when courts are not in session, such as on nights or weekends. Law enforcement officers can request an EPO from a judge if they believe someone is in immediate danger.
This type of order is particularly useful in urgent situations where immediate protection is necessary, and there is no time to wait for a court to open. An EPO typically lasts for a brief period, often until the next court day.
Permanent Restraining Order (PRO)
After a Temporary Restraining Order (TRO) is issued, the court schedules a full hearing to decide if a Permanent Restraining Order should be granted. During this hearing, both parties can present their cases.
If the judge finds that the petitioner remains at risk, they may issue a PRO, which can last indefinitely. A PRO can help ensure long-term safety and peace of mind, preventing the restrained party from contacting or approaching the petitioner.
Civil Protection Order (CPO)
A Civil Protection Order is similar to a TRO but is sought through the civil court system rather than the criminal court. This type of order can provide protection from domestic violence, sexual assault , stalking or harassment.
For couples with children, a CPO can address issues such as child custody and visitation rights, ensuring the protection of the petitioner and children. It is crucial to seek legal advice and support when navigating these processes to ensure appropriate protections are in place.
Understanding these various types of restraining orders in Colorado can help s take appropriate legal steps to ensure their safety and well-being. It is important for victims and their children that they are not alone, seeking help from authorities and attorneys can help reduce risk when leaving an intimate partner.