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Civil Protection Orders: 
The Process

1 / Get the Court Forms

You can find the Court forms online or visit your local courthouse. 

2 / Talk to an expert

Talk to an expert. Advocates and lawyers can help you understand any additional risks you might have, connect you with services and help you complete the forms. Advocates may also be able to go to court with you. 

3 / Complete and file Court Forms 

Complete all required forms. To file, you must go to the Clerk's office in-person to file. Contact the local court where you live, where your abuser lives or where the abuse happened.

4 / First Hearing 

On the day that you file, the Court will hold an emergency hearing, called an "ex parte" hearing. The abuser does not attend the ex parte hearing. At this hearing, you (and your lawyer, if you have one) meet with the judge. The judge reviews your forms and may ask you some questions. Then, the judge decides if you need a temporary civil protection order that starts immediately.  The order will contain the date and time that you are scheduled to return to court, so that the order can be made permanent. If you do not have the order made permanent, it will be vacated or set aside. (This means the order is no longer in effect.) Therefore, it will no longer protect you or your children.

5 / Personal Service 

By law, legal papers must be delivered (served) to the other side correctly. Delivering legal papers is called service of process. The law says that legal papers have to be delivered the right way by someone 18 years old or older who is not a party to the case. A process server can be paid to serve the papers. Process servers are listed on the internet. You can also hire the Sheriff’s Office or ask anyone, like a friend, to serve the papers. If personal service cannot be completed before the Permanent Protection Order hearing, you can file a motion asking the court to continue the hearing to a later date and allowing you more time to complete the personal service.

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6 / Stay safe 

You should keep one copy of the order with you always. In addition, you should leave a copy at any place from which the respondent/defendant is restrained (for example, daycare, work, or school). Also, you can take a copy to your local police or sheriff’s department.

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After service, if there is a violation of a civil or criminal protection order you can call the police. The police can enforce protection orders by arresting the violator. If you do not feel safe calling the police, contact a lawyer or an advocate to determine your best options. â€‹

7 / Preparing for Your Hearing

The respondent may appear at the next must hearing and contest the entire restraining order or part of it. They can deny what was said in the complaint. If so, you must convince the judge that the facts in the complaints are true and, if not restrained, the respondent will continue the abuse. 

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8 / Second Hearing 

When you return to court, parties have a few options:

  1. The respondent can fail to attend, in which case the order can be made permanent. If the petitioner fails to show, the case will be dismissed. 

  2. The respondent may choose to appear at the hearing and contest the entire restraining order or part of it. They can deny that what was said in the complaint. If so, you will need to convince the judge that the facts in the complaints are true and, if not restrained, the respondent will continue the abuse. 

  3. Parties can agree to extend protection order a period of time but no longer than a year. 

  4. Each party can request more time to prepare.  Be careful, however, because these requests are limited and can be denied so be sure to support your request with good reasons. 

This website is for informational purposes only. It aims to provide general legal information about Colorado law and resources. Legal issues require careful consideration of the facts and the law. The content on this site is not a substitute for legal advice specific to any situation or case, and it does not create an attorney-client relationship between the users and Virtual Pro Se Clinic. If you have a legal claim, issue, or questions about a situation and your legal rights, please get in touch with an attorney. Linked resources have been reviewed by an attorney to provide general information only and are not legal resources specific to your unique circumstances. By linking resources, Virtual Pro Se Clinic does not endorse the services of the entity that created the content. 

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