Protection Orders

What is a protection order?

There are several types of protection orders: some are automatically included in a court action (such as the protection order included in a bail bond or in a dissolution action (see reverse), and others are issued upon proof that the “protected party” is in danger from the “party to be restrained”.

Under Colorado Statutes, a civil domestic violence temporary protection order (TPO) can be issued to restrain:

(a) someone who is now or was in the past a relative,

(b) someone who lives or has lived in your house or apartment,

(c) someone with whom you are or were intimately involved.

With this order you can ask a county judge to protect you and your children (unless it is violated, a TPO will not affect anyone’s criminal record). You must tell the judge how the children have been hurt or are in danger. The county judge can award you “Temporary Care and Control” of the children for a maximum of 120 days from the date the temporary protection order is granted. It then becomes a custody issue and a matter for District Court. You can also ask the judge about forcing the defendant to pay support with this order.

Common questions

  • Go to the county court clerk’s office (Mon-Fri from 8 am –4 pm) to obtain a protection order packet. Arrive as early in the day as you can and complete the required forms.

    During your visit, you will appear before a county judge or magistrate to state why you are requesting the protection order. In an emergency, the county courts in Boulder or Longmont may be available to grant a temporary protection order (TPO) anytime during the workday.

    If the county judge or magistrate approves the temporary protection order, the order must be served on the party to be restrained. The server must be 18 years old or older and not involved in the dispute. The safest way to have the order served is through the Civil Division of the Sheriff’s Office. They are located in the Boulder County Criminal Justice Center at 1777 6th Street in Boulder. In Longmont, ask the court clerk how to arrange service.

    When you get a temporary protection order (TPO), you will also be given a court date for consideration of a permanent protection order (PPO). When served with the order, the restrained party will be notified of the permanent hearing and may attend to argue his or her case. If granted, the permanent protection order (PPO) is permanent and there is no expiration date.

  • You should go to the court in the county where you reside. If the restrained party will be served with the order in Boulder County, then you can obtain a protection order in Boulder County Courts. Hearings are held in Boulder at the Boulder County Justice Center, 1777 6th Street, Monday-Friday and at the Longmont Courts Annex, 1035 Kimbark St. in Longmont, Monday-Friday.

  • It is not necessary to retain the services of an attorney to get a TPO. In fact, the overwhelming majority of persons who get protection orders do not have a lawyer for that purpose.

  • If the county court determines the case involves “persons who are, or have been, involved in an intimate relationship,” the filing fees will be waived. However, you may still be required to pay a county court packet fee (currently $3.00). You may print this packet, free of charge, at www.courts.state.co.us (click on the “Self-Help Center” on the left, then select “Protection Orders”).

    The Boulder County Sheriff’s Office will also waive fees to serve a protection order in the cases where persons are, or have been, involved in an intimate relationship. Present the protection order information sheet to the county court clerk.

  • If there is a violation of the protection order, you should call police immediately (9-1-1 or your local law enforcement phone # — see back), whether or not you feel you are in immediate danger. You should have a copy of the temporary or permanent order and proof that the temporary order was served on the restrained party. It is advisable to make several copies of the protection order and proof of service to keep with you at all times. There is no proof of service for criminal cases. You may also file a written motion for contempt with the county court and ask for a hearing date.

  • Obtaining a protection order can be an overwhelming process, but you don’t have to do it alone! Reach out to LEVI to learn more the process and local options for legal advocacy.