Can I Get A Restraining Order?
In Colorado, when a divorce or legal separation is filed, an automatic temporary injunction goes into place. This automatic injunction prohibits the parties from: (1) making extraordinary financial expenses; (2) taking the minor child out of the state; or (3) disturbing the peace of the other party. However, there are times when a party needs an additional layer of protection. Additionally, a person may need protection even if he or she is not filing for divorce.
Although many people are familiar with the term “restraining order,” Colorado refers to this request as a “protection order.” A protection order can be issued even if a divorce case has not been filed. If there is a divorce case pending, the judge in the divorce case can issue a protection order.
A protection order can be issued to prevent: (1) assaults and threatened bodily harm; (2) domestic abuse; (3) emotional abuse of the elderly or an at-risk adult; (4) sexual assault; or (5) stalking.
The judge must find that there is imminent danger to the person seeking protection. It does not matter whether the protected person has reported the incident to the police or not. Additionally, the court cannot deny a protection order due only to the length of time between the incident and the filing of the protection order. However, the longer that a person takes to report an incident, the less likely that it continues to pose an immediate danger.
The initial request is made to the judge ex parte. This means that only the protected person is present. If the judge believes that the protected person is in imminent danger, a temporary civil protection order will be issued. The judge will also issue a citation requiring the other person to appear at a second hearing. This must be served on the other party by a sheriff or process server.
The second hearing must be held within 14 days of the original hearing. At the hearing, the judge will hear evidence from both sides, and will determine whether the protection order should be made permanent.
Do you believe you need a protection order? Call Katelyn today to discuss the specifics of your situation.