What is a Protection Order?

A Protection Order (sometimes called a restraining order) is a legal document issued by a court to help keep you safe from someone who is threatening, harassing, or harming you. It sets clear boundaries and legally requires that person to stop contacting you, stay away from your home or workplace, or take other actions to protect your well-being. Protection Orders are for individuals who have experienced domestic violence, sexual assault, stalking, trafficking, elder abuse/exploitation, or other types of crime. Additionally, parents can file on behalf of minor children, and in certain situations, law enforcement or social services can also initiate requests for emergency protection orders.

Types of Protection Orders

Criminal Protection Orders are sought by courts and courts issue them whether the victim wants them or not.

Civil Protection Orders are sought by victims and judges may grant them based on statute.

Obtaining a Civil Protection Order

1) First Stage: Temporary Protection Order (TPO)

TPOs are protection orders that typically last 14 days. They are the first step to getting a Permanent Protection Order.

Petitioners apply for a Temporary Protection Order (TPO) by filling out the required forms (which are listed below.)

It is important to tell the Judge the entire story (the Judge has no background) and you must complete all required forms. The Judge usually rules on the complaint the same day. The respondent does not need to be there. Imminent danger needs to be demonstrated by the petitioner. This means in fear of your life, health or safety. If the Judge agrees, the temporary order will be issued and a hearing date will be set. The respondent must be served with the TPO. The protected person may not do this him/herself. Instead, the petitioner can ask the Sheriff Department, a process server or anyone 18 or older not named in the TPO and must be notarized. Temporary Protection Orders do not take effect until the respondent is served. If the petitioner cannot get service, the case is continued for another 14 days to accomplished service. Once the respondent has been served the return of service must be filed with the court.

2) Second Stage: Permanent Protection Order (PPO)

Judges will hold a hearing before issuing a Permanent Protection Order (PPO.) The petitioner and/or respondent can hire attorneys to represent them if they wish, but not required. Evidence and witnesses may be presented. Based on this hearing the Judge may grant or deny the PPO. The Judge also has the option to extend the TPO. The petitioner must be present at the hearing for the Judge to issue a PPO. If the respondent fails to appear at the hearing, the TPO previously entered by the Court shall be made permanent without further notice or service upon the Restrained Person. This order will remain in effect permanently and can only be modified or dropped by a Judge.

If there is a divorce proceeding and a request for a civil protection order, the PPO will be heard in connection with the divorce.

Forms

Forms needed to obtain a Civil Protection Order may be picked up:

• In-person at Clear Creek County Courts
• Online at the Colorado Court’s website. Click here to access the forms.

You’ll need to download and fill out the following forms:

• JDF 400—Instructions for Obtaining a Protection Order
• JDF 401—Incident Checklist
• JDF 402—Verified Complaint/Motion for Civil Protection Order
• JDF 442—Information Sheet for Registering a Protection Order

How To File

Filing for a Protection Order starts with completing a few important forms (listed above), which can be submitted to the Clear Creek County Courthouse. These forms explain to the court why you’re seeking protection and what type of contact or behavior you want to stop.

This process may feel overwhelming and that’s completely normal. An advocate from Clear Creek Advocates can help you complete the paperwork, explain your options, and prepare you for what comes next. Filing is free, and you don’t need an attorney to request a Protection Order, though legal support can be helpful in some situations.

Once your paperwork is filed, a judge will review your request, often the same day, to decide whether to issue a Temporary Protection Order (TPO). This is usually in place for 14 days, until your hearing for a Permanent Protection Order (PPO) can be scheduled. You don’t have to go through this process alone, we’re here to support you every step of the way.

What to Expect in Court

Your Protection Order hearing may feel intimidating, but knowing what to expect can make it less stressful. You’ll appear in front of a judge to explain why you’re requesting ongoing protection. If a Temporary Protection Order was granted, this is when the court will decide whether to make that order permanent.

You’ll have the chance to share your story in your own words. The person you’re filing against (the respondent) may also attend and speak. If you’re nervous, know that you have the right to bring an advocate with you for support. In some cases, an attorney may also be available to assist you.

The judge may ask questions to better understand your situation. They’ll then decide whether to extend the Protection Order, modify it, or dismiss it.

Comparing Civil Protection Orders & Criminal Protection Orders

	Civil Protection Order	Criminal Protection Order
Who initiates the Order?	The individual seeking protection.	The Judge required by statute 18-1-1001.
How long does the Order last?	It does not expire. The Order can be modified by the person who requested it at any time or after 2 years, the restrained person can request a modification.	It lasts as long as the criminal case does, through completion of sentence (unless modified by the Judge.)
Who can change or modify the Order?	Only a Judge can change or modify the Order.	Only a Judge can change or modify the Order.
Who can request a modification to the Order?	Only the person who requested the Order. After 2 years, the restrained person can request a modification.	The victim of the crime may ask to change or modify the Order. Restrained may request to change or modify but will have to be discussed with the victim prior by the District Attorney’s Office.  Safety Plan will have to be conducted and another hearing may be required.
Who does the Order protect?	The individual requesting the Order. This can include minor children.	The victim and victim’s minor children, if the Judge includes them.
Who can enforce the Order?	Any law enforcement officer in any state in the country.	Any law enforcement officer in any state in the country.
Does the Order cost money?	The Court may charge a filing fee to the person seeking a CPO. A filing fee is required except when the person is a victim of domestic violence, sexual assault, or stalking.	No.
Do I need to carry any proof to have the Order enforced?	Yes, it is recommended.	Yes, it is recommended.

Civil & Criminal Protective Orders are entered on CCIC (State Wide) and NCIC (National)

Safety Plan

A protection order is only one part of a Safety Plan. Click here for more information on safety planning.