Colorado Restraining Orders – How to Get One & How to Challenge One

TRO are temporary civil protection orders that typically last 14 days. They are the first step to getting a permanent restraining order (PRO).

Victims apply for TROs by filing a JDF 402 form in court. The judge usually holds a hearing that same day. The victim can have an attorney appear with him/her. The adverse party does not need to be there. (This is called an “ex parte” hearing.)

The victim needs to show he/she is in imminent danger. If the judge agrees, he/she will grant the temporary order. (The judge may then set a hearing date to decide whether to grant a PRO.)

The adverse party must then be served with the TRO. The protected person may not do this him/herself. Instead, the victim can ask:

• The local sheriff,
• A process server, or
• Anyone 18 or older not named in the TRO

Temporary protection orders do not take effect until the adverse party is served.¹

A TRO also goes by the name TPO (temporary protective order). For detailed instructions on how to apply for a TRO, go to the Colorado Judicial Branch website.

3. What is a permanent restraining order (PRO)?

PROs are restraining orders that can last forever. Judges can agree to modify or recall them. But adverse parties must wait two years before asking. (Scroll down to section 7 to learn how to change or cancel a PRO.)

Judges will hold a hearing before issuing a PRO. This is like a mini-trial. The victim and adverse party can hire attorneys to argue their sides. And they can present evidence and call witnesses.

(At this hearing, the judge also has the option to extend the TRO for up to 120 days. And then the judge would schedule another hearing to determine whether a PRO is still necessary.)

The victim must be at the hearing for the judge to issue a permanent protection order. In contrast, the adverse party does not have to be at the hearing for the judge to issue the PRO. But if the permanent order does issue, then the adverse party needs to be served with it.

The victim may not serve the adverse party him/herself. Instead, the victim can ask:

• The local sheriff,
• A process server, or
• Anyone 18 or older not named in the PRO²

PROs also go by the name PPO (permanent protective order). For detailed instructions on PRO procedures, go to the Colorado Judicial Branch website.

Depending on the case, there may be a filing fee to get a PRO. But courts may waive the fee for indigent victims.

4. What is an emergency protection order (EPO)?

EPOs are restraining orders that last three days. The police can obtain an EPO for a victim when:

• The victim is in danger of domestic abuse or a sex offense, and
• It is outside of normal court hours (evenings, weekends, or holidays)

The adverse party must then be served with the EPO. The victim may not do this him/herself. Instead, the victim can ask:

• The local sheriff,
• A process server, or
• Anyone 18 or older not named in the EPO

Victims should then apply for a TRO as soon as the court opens. Otherwise, there may be a gap in protection.³

For detailed instructions on EPO procedures, go to the Colorado Judicial Branch website.

5. How are civil and criminal restraining orders different?

Civil orders are sought by victims. And judges will grant them if they believe the victim is in danger. They comprise

• TROs,
• PROs, and
• EPOs (discussed above).

In contrast, criminal restraining orders are sought by Colorado courts in conjunction with criminal charges. And courts issue them whether the victim wants them or not.

For example, criminal restraining orders are mandatory following certain domestic violence arrests. The victim does not have to apply for the order. And there does not have to be a hearing. Defendants are automatically prohibited from contacting the victim.

Criminal restraining orders typically last for the duration of the underlying criminal case.⁴

6. What happens if I violate protection orders?

Violating a protection order is a criminal offense.

Law enforcement may arrest an adverse party whenever the police have probable cause to believe he/she violated the terms of a PRO or TRO. It does not matter whether the victim or someone else reported the violation.

The punishment for a TRO or PRO violation depends on whether:

• The restraining order is civil or criminal; and
• The defendant has previously violated a restraining order

Colorado protection order	Sentence for violating protection order
Civil protection order (TROs, PROs, or EPOs)	First offense If the basis for issuing the protection order included an allegation of stalking or the parties were in an intimate relationship, then a first offense is a class 1 misdemeanor carrying: Up to 364 days in jail, and/or Up to $1,000 in fines Otherwise, a first offense is a class 2 misdemeanor, carrying: Up to 120 days in jail, and/or Up to $750 in fines
	Subsequent offense Class 1 Misdemeanor (extraordinary risk): Up to 18 months in jail, and/or Up to $1,000 in fines
Criminal protection order (mandatory protection orders in criminal cases)	First offense  Class 1 Misdemeanor: Up to 364 days in jail, and/or Up to $1,000 in fines
	Subsequent offense Class 1 Misdemeanor (extraordinary risk) Up to 18 months in jail, and/or Up to $1,000 in fines5

7. How do I get removed from a protection order?

Adverse parties in civil restraining orders should contact an attorney right away. It is easier to prevent a TRO from becoming a PRO than to cancel an existing PRO.

Once a PRO is in effect, adverse parties must wait two years before asking the court to modify it or cancel it. However, the victim can ask that the order be changed or dismissed at any time.

Predictably, county courts are more likely to dismiss PROs if:

• The adverse party never violated the PRO;
• The adverse party committed no other crimes; and
• The victim no longer needs the PRO⁶

Defendants can file a motion at any time to modify or dismiss PROs. But judges usually uphold them until the criminal case ends.

For detailed instructions on how to modify a PRO, go to the Colorado Judicial Branch website.

8. Can restraining orders show up on background checks?

Yes, a restraining order is generally part of the public record. Therefore, they can show up in criminal records. Even if the adverse party was never convicted of anything, the employer/landlord/etc. running the background check might assume that the adverse party is a troublemaker.

That is why people named in a TRO are strongly advised to hire an attorney to fight against it becoming a PRO.

9. How much does it cost to get a restraining order in Colorado?

Filing for a restraining order is free in Colorado as long as the person seeking the restraining order is either:

• A victim of domestic abuse, stalking, rape, or unlawful sexual contact, or
• Unable to afford the filing fee (people who cannot afford the fee can submit an additional motion to file without payment)

Otherwise, the filing fee to get a restraining order is $85.⁷

Our DUI and criminal defense law firm offers free consultations and legal advice in person or over a phone call. We have law offices in Denver, Greeley, and Colorado Springs.

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