Denver Protection Orders
According to the Colorado Judicial Branch’s website, a “temporary or permanent civil protection order may be issued against an adult or a juvenile who is ten years of age or older for any of the following purposes: To prevent stalking, domestic abuse, sexual assault, physical assault and threatened bodily harm; and to prevent emotional abuse of the elderly or an at-risk adult.”
We can guide you through the process, should you desire a Protection Order to restrain your spouse from contact with you or your children—or if your spouse files one against you.
If you feel you would rather get a Temporary Restraining Order, “TRO” on your own, it is possible for you to do so. You will need to call the county court in your county and find out when the court issues TRO’s. Next, go to the county clerk’s office at the appointed time and fill out a complaint form. Your complaint form explains why you are asking for a TRO. After you fill out the paperwork, you will have an opportunity to speak to a judge and explain why you want the TRO.
If you receive a TRO from the Judge, the party against whom the TRO has been issued will have to be served with the paperwork. The TRO is not “in force” until service has taken place
TRO’s are temporary by nature. There will be a date listed on the TRO for a Permanent Orders Hearing. This is a full hearing where the party against whom the Temporary Restraining Order “TRO” has been issued has a chance to state why it should not be kept in force. This hearing will occur soon after your TRO was issued so be very careful to note the date for this hearing on your TRO paperwork. You must attend the hearing and it may be a good idea to have legal representation at this point if it is possible for you to do so or at least speak to a family law attorney prior to the hearing.
For more information about obtaining and enforcing civil restraining orders, visit the Colorado Court’s self help page located on their website at: www.courts.state.co.us It is important to note that when you file for divorce, Colorado law provides that a type of temporary restraining order can automatically arise. The “Petition for Dissolution” can include language that has been set out by statute to outline this temporary restraining order. This statutory injunction restrains both parties from:
Transferring, concealing or in any way disposing of marital property without the consent of the other party or an order of the court, except in the usual course of business or for the necessities of life;
Molesting or disturbing the peace of the other;
Removing the minor child(ren) from the state without the consent of the other party or order of the court and;
Canceling, modifying or allowing to lapse for non-payment any type of insurance that covers the parties and/or their children
This automatic temporary injunction is enforceable by the district court and overrides any other type of restraining order previously in effect.
Review additional Colorado divorce law information by using the links in the upper left or Ask our Colorado divorce lawyers a legal question