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Colorado Domestic Violence & Restraining Orders

Being arrested for domestic violence in Colorado does not only result in jail time and serious charges filed against you, but you may also have a restraining order (also known as a protection order) filed against you. Protection orders prohibit contact between an alleged offender and an alleged victim, as well as the victim’s family members. 

There are three types of restraining orders for domestic violence offenses in Colorado: 

  • Temporary restraining order (TRO) – Also known as “ex parte” protection order, this type of order is the first step to obtaining a permanent restraining order (PRO). When an alleged victim files a JDF 402 form in court, a judge will hold a hearing on the same day – without the alleged offender present. If the victim shows he/she is in imminent danger of domestic violence, the judge will issue a TRO that lasts up to 14 days. The victim can have a lawyer appear with him/her. 

  • Permanent restraining order (PRO) – A court hearing to obtain a PRO is similar to a mini-trial. Both parties have an opportunity to hire legal representation, present their evidence, and call witnesses. If a judge grants a PRO, the restraining order is valid for potentially forever. 

  • Emergency protection order (EPO) – If an alleged victim is in danger of domestic violence or a sex crime and it is outside normal court hours (i.e., evenings, weekends, or holidays), then law enforcement officials can obtain an EPO, which is valid for up to three days, which gives the alleged victim enough time to apply for a TRO while still receiving court protection. 

While the restraining orders mentioned above are civil orders sought by victims, there are criminal restraining orders available in Colorado that are sought by courts. In fact, courts issue such orders even if the victim does not approve of them. Criminal restraining orders generally last throughout the underlying criminal case. 

Violating a civil protection order (e.g., TRO, PRO, or EPO) is a Class 2 misdemeanor, which carries a maximum jail term of 12 months and a fine of up to $1,000. On the other hand, violating a criminal protection order is a Class 1 misdemeanor, punishable by a jail sentence of up to 18 months and a maximum fine of $5,000. 

If you are facing domestic violence charges and a restraining order filed against you in Denver, contact the Law Offices of David L. Owen, Jr., P.C. today at (303) 622-3281 for a free consultation. Get more than 33 years of experience on your side!