See C.R.S. § 13-14-104.5(1)(a).  Additionally, because domestic abuse is a broad subject, a court may issue a protection order for harassing behavior, like repeated calls or texts.

 

The court must hear a complaint or motion for a temporary protection order as soon as possible.  See § 13-14-104.5(4).  The hearing for a temporary protection order can be ex parte, meaning the other party does not need to be present to defend themselves.  See § 13-14-104.5(4).  In order to grant a temporary protection order, the issuing judge or magistrate must find that an imminent danger exists to the person or persons seeking protection under the civil protection order. See § 13-14-104.5(7)(a).  In determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider all relevant evidence concerning the safety and protection of the persons seeking the protection order.  Id.  If you are the victim of abuse, you can access information and forms to apply for a temporary protection order HERE.

 

After the court issues a temporary protection order, the court will set a permanent protection order hearing within fourteen (14) days of issuing the temporary protection order.  See § 13-14-104.5(10).  The petitioner, or person asking to be protected, must served the respondent, or person to be restrained, with the temporary protection order and notice of permanent protection order hearing.  See § 13-14-104.5(9).  This can be done by the sheriff or a private process server.

 

At the permanent protection order hearing, the court will make the temporary protection order permanent if it finds the respondent has committed acts constituting grounds for issuance of a civil protection order and that unless restrained will continue to commit such acts or acts designed to intimidate or retaliate against the protected person.  See § 13-14-106(1)(a).  In addition, if the parties agree, the court can continue the permanent protection order hearing and leave the temporary protection order in place for one (1) year.  See § 13-14-106(1)(b). 

 

If you are the victim of abuse and need advice on how to obtain a protection order or if someone has obtained a protection order against you and you need advice on how to defend yourself, call the Law Office of Michael Swink today and speak with an attorney that understands the process for obtaining and defending civil protection orders.