Colorado restraining orders are legally binding, court-issued demands that an alleged abuser or harasser avoid contact with the victim. The purpose is to protect people from domestic violence assault or other threats including harassment and intimidation.
As of 2020, you can have your firearms and guns temporarily taken away if you are deemed to be an extreme risk. The court would issue an extreme risk protection order. Learn more in our article about “red flag laws.”
Civil courts issue enforceable restraining orders prohibiting contact between people to prevent further harm. The person the order is meant to protect is called the “petitioner” or “victim” (also known as the plaintiff). The person who is ordered to stay away is referred to as the “adverse party.” Other names for “adverse party” are “respondent” or defendant.
The following graphic shows the most common reasons that people seek out protective orders in Colorado.
Each restraining order is unique to each case. If you are the adverse party, you typically have to abide by the following conditions:
2. TPOs
TPOs (temporary protection orders) are civil protection orders that typically last 14 days. They are the first step to getting a final permanent protection order (PPO) in Colorado.
Victims apply for TPOs by filing a JDF 402 form in court. The judge usually holds a hearing that same day. The adverse party does not need to be there (this is called an ex parte hearing).
The victim (or their legal counsel) needs to show they are in imminent danger. If the judge agrees, they will grant the TPO. The judge may then set a hearing date to decide whether to grant a PPO.
Temporary protection orders do not take effect until the adverse party is served, which must be done by someone other than the victim (this is called service of process).
If the TPO order stems from physical domestic violence (or threats of it), the adverse party may not possess or buy guns or ammunition while the TPO is in effect. They must relinquish their guns and ammo from their immediate possession or control.1
3. PPOs
PPOs (permanent protection orders) are court-enforced Colorado restraining orders that can potentially last forever. Before issuing a PPO, the judge would hold a contested hearing where both sides and their attorneys can argue their case, present evidence, and call witnesses to testify.
At this hearing, the judge can extend the TPO for up to 1 year. Then, the judge would schedule another hearing to determine whether a PPO is still necessary. (The victim has to notify the court within 14 days of the hearing if they intend to pursue a PPO.)
Note that judges must grant a PPO if they find:
- the adverse party committed sexual violence and,
- the victim still faces physical, psychological, or emotional harm.
If the permanent order does issue, then someone other than the victim needs to serve the adverse party with it for the order to take effect.2
4. EPOs
EPOs (emergency protection orders) are urgent restraining orders that last three days and provide immediate protection. Colorado 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 by someone other than the protected party.
As soon as court opens again, the protected party should apply for a TPO. Otherwise, there may be a gap in protection between the EPO and TPO.3
The adverse party in a restraining order must stay away from and avoid all contact with the protected party (this is called a no-contact order or stay-away order).
5. Civil vs. Criminal Orders
Civil orders are sought by victims who petition the court for protection. Judges will grant them if they believe the victim is in danger. They comprise TPOs, PPOs, and EPOs (discussed above).
In contrast, criminal restraining orders are sought by Colorado courts in conjunction with criminal charges. Courts issue them whether the victim wants them or not, and they last for the duration of the case in criminal court.
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.4
Note that protected persons are never allowed to serve restraining orders on the adverse party. The following graphic shows who can lawfully serve restraining orders:
6. Penalties
If law enforcement has probable cause to believe you violated the terms of a PPO or TPO, they may enforce the order and arrest you without a warrant. It does not matter who reported the violation.
Violating a protection order is a serious criminal offense in Colorado that can result in incarceration and fines. The table below spells out the penalties:
| Type of Colorado Protection Order | Sentence for Violating the Protection Order |
|---|---|
| Civil protection order (TPOs, PPOs, or EPOs) | First offense
If the basis for issuing the protection order included an allegation of stalking or the parties were in an intimate relationship, then a first offense is a class 1 misdemeanor: Up to 364 days in jail and/or $1,000 fine. Otherwise, a first offense is a class 2 misdemeanor: Up to 120 days in jail and/or $750 fine. Subsequent offense Class 1 Misdemeanor (extraordinary risk): Up to 18 months in jail and/or $1,000 fine. |
| Criminal protection order (mandatory protection orders in criminal cases) | First offense
Class 1 Misdemeanor: Up to 364 days in jail and/or $1,000 fine. Subsequent offense Class 1 Misdemeanor (extraordinary risk): Up to 18 months in jail and/or $1,000 fine.5 |
7. Fighting Restraining Orders
If you are the adverse party in a civil restraining order in Colorado, contact an experienced restraining order lawyer or qualified protection order attorney right away. It is easier to prevent a TPO from becoming a PPO than to cancel an existing PPO through an appeal or modification process.
Once a PPO is in effect, you must wait two years before asking the court to modify it or cancel it. However, the protected party can request that the order be changed or dismissed at any time.
If you are the adverse party in a criminal protection order, you can file a motion at any time to modify or dismiss it. Predictably, courts are more likely to dismiss protection orders if:
- You never violated the order;
- You committed no other crimes; and
- The victim no longer needs the order.
However, judges usually uphold criminal protection orders until the case ends.6
8. Background Checks
Restraining orders are generally part of the public record and, therefore, show up in your criminal record and can have serious employment impact and housing impact on your future opportunities. That is why if you are named in a TPO, you are strongly advised to hire a licensed attorney to defend you and challenge it before it becomes active as a PPO.
9. Costs
Filing for a restraining order is free in Colorado if you are:
- A victim of domestic abuse, stalking, rape, or unlawful sexual contact or
- Unable to afford the filing fee.
Otherwise, the filing fee to get a restraining order is typically $97 (though affordable legal representation may be available through legal aid programs).7
Violating a restraining order is a severe misdemeanor in Colorado and may also result in contempt of court charges.
Additional Resources
For immediate help, victims of domestic violence can contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or text START to 88788 for confidential support available 24/7. Also refer to the following:
- Colorado Judiciary’s Instructions For Obtaining A Civil Protection Order – Official state court instructions with links to forms.
- Violence Free Colorado – Resources for domestic violence victims with experienced domestic violence advocates.
- The Initiative Colorado – An organization providing advocacy for abuse victims with disabilities.
- Office for Victims of Crime (OVC) – State government program providing services for and information to crime victims.
- Domestic Violence Program (DVP) – This Colorado Department of Health and Human Services program partners with communities to protect domestic violence survivors and prevent domestic violence from happening.
Legal References
- CRS 13-14-104.5; FAQ about Civil Protection Orders, Colorado Judicial Branch. HB24-1122.
- CRS 13-14-106. Same.
- CRS 13-14-103.
- CRS 18-1-1001. See, for example, People v. Zoller (Colo.App. 2023) 544 P.3d 1251.
- CRS 18-6-803.5. See, for example, Garcia v. People (2019) CO 64, 445 P.3d 1065. Note that prior to March 1, 2022, violating a civil protection was always a class 2 misdemeanor for a first-time offense. SB21-271.
- CRS 13-14-108. For detailed instructions on how to modify a PPO, refer to Colorado Judicial Branch Form JDF-396.
- Filing Fees, Surcharges, and Court Costs, Colorado Judicial Branch.