Colorado Restraining Orders

TRO are restraining 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.

The victim needs to show he/she is in imminent danger. If the judge agrees, the TRO will issue. (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 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 TRO

TROs do not take effect until the adverse party is served.¹

TROs also go 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 PRO. In contrast, the adverse party does not have to be at the hearing for the judge to issue the PRO. But if the PRO 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.

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 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 restraining orders are sought by victims. And judges will grant them if they believe the victim is in danger. Civil restraining orders comprise TROs, PROs, and EPOs (discussed above).

In contrast, criminal restraining orders are sought by courts. 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 a restraining order?

Police may arrest an adverse party whenever police have probable cause to believe he/she violated a restraining order’s terms. It does not matter whether the victim or someone else reported the violation.

The punishment for violating the terms of a restraining order depends on whether:

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

7. How do I get removed from a restraining 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, 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 in criminal restraining orders can file a motion at any time to modify or dismiss them. But judges usually uphold these orders until the criminal case ends.

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

8. Can restraining orders show up on background checks?

Yes, restraining orders can show up in criminal records. And 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.

Call us for help…

Are you the subject of a restraining order in Colorado? We may be able to get it dismissed or change the terms. Contact our Denver criminal defense attorneys for a free consultation. Call us at 303-222-0330. Or fill out the form on this page.

Legal References