Obtaining or defending against a Boulder civil protection order (often called “restraining order”) is a serious process and failure to understand and follow the Colorado civil protection order laws could result in a loss of your rights.
A Boulder Temporary or Permanent Civil Protection Order may be obtained by an individual or business.
A Boulder Temporary or Permanent Civil Protection Order may be issued against an adult or a juvenile who is ten years of age or older.
A Protection Order means any Order that prohibits the Restrained Person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting or abusing any Protected Person, or from entering or remaining on premises, or from coming within a specified distance of a Protected Person or premises, or from taking, transferring, concealing, harming, disposing of, or threatening harm to an animal owned, possessed, leased, kept, or held by a Protected Person, or any other provision to protect the Protected Person from imminent danger to life or health.
Steps to Obtaining a Colorado Civil Protection Order in Boulder:
File a Complaint – In the Boulder County Court (or the Colorado County court in your area).
Temporary Protection Order Hearing – Attend a Temporary Protection Order Hearing at the Boulder County Courthouse. The Hearing will take place in front of a Judge and while you do not need a lawyer for this hearing, it is advisable for both businesses and individuals as you may be asked questions about your request to obtain a temporary protection order and any issues regarding the children, if applicable. If the Court grants a temporary protection order, you will be provided with a written Order stating such.
When you receive the Boulder Temporary Protection Order, you need to do the following:
- Obtain Certified Copies of the Order. The number of copies will vary based on your circumstances.
- You will need one for yourself and one to serve the Restrained Person.
- Personal service of the Temporary Protection Order on the Restrained Person is a CRITICAL STEP and you must follow the law. It is advisable to have a process server or Sheriff carry out the service.
- If the restrained person does not receive service of the Temporary Protection Order, they will almost certainly not appear at the Permanent Orders Hearing. In our practice, personal service causes the most issues and it is important to seek counsel when you are having trouble effecting service on the restrained person.
If you obtained a Temporary Protection Order, you must: appear at the permanent order hearing or the next hearing date set by the Court on the date and time scheduled in the Order or your Temporary Protection Order will automatically expire.
Permanent Order Hearing
Bring the original Affidavit/Certificate of Service and submit it to the Court.
At the Permanent Order Hearing, you will need to show the Court:
- That restrained person has committed the acts that lead to the issuance of the Temporary Restraining Order AND
- That unless restrained, they will continue to commit the acts or acts designed to intimidate or retaliate against the protected person.
The Permanent Order Hearing is conducted in front of a judge not a jury. Both parties can, and often do, call multiple witnesses. Both parties have the ability to cross-examine the witnesses called. Having a lawyer for the permanent Order Hearing is not required, but it is certainly advisable for both parties as the Colorado rules of evidence apply and should be understood by the parties. If you are defending against a Colorado Civil Protection Order, you must seriously consider retaining a lawyer. If the restraining order is made permanent, you will lose many rights including your right to possess a firearm.
Boulder Civil Protection Order Attorneys
The Boulder lawyers of LaszloLaw provide counsel on a wide range of legal needs including civil protection orders, restraining orders, business formation, contracts, risk management, and litigation. Contact our Boulder restraining lawyers online or at 303-926-0410 to discuss your legal needs.