Colorado restraining orders are 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.
Here are the three types of restraining orders in Colorado:
- Temporary protection orders (TPOs): The first step for victims is to apply for a TPO from their local court. The judge can grant TPOs without hearing from the abuser, and they last for 14 days.
- Permanent protection orders (PPOs): If the threat persists, the court converts the TPO into a PPO which may last forever. Before the judge grants a PPO, they must hold a hearing where the alleged abuser can choose to defend themself.
- Emergency protective orders (EPOs): Police can get EPOs for victims outside of normal court hours. EPOs last for only three days, so victims should apply for a TPO once court reopens.
As of 2020, you can have your 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.”
Below our Denver Colorado criminal defense lawyers address the following topics re. restraining orders:
- 1. Overview
- 2. TPOs
- 3. PPOs
- 4. EPOs
- 5. Civil vs. Criminal Orders
- 6. Penalties
- 7. Fighting Restraining Orders
- 8. Background Checks
- 9. Costs
- Additional Resources
1. Overview
Civil courts issue restraining orders prohibiting contact between people to prevent further harm. The person the order is meant to protect is called the “petitioner” or “victim.” The person who is ordered to stay away is referred to as the “adverse party.” Other names for “adverse party” are
- “defendant”,
- “respondent”,
- “restrained party,” or
- “restrained person.”
The following graphic shows the most common reasons that people seek out protective orders in Colorado.
Protection Order Terms
Each restraining order is unique to each case. If you are the adverse party, you typically have to abide by the following conditions:
- Avoiding contact with the victim. This includes communicating in person or by phone, text, email, and/or social media, whether the communication is harassing or not.
- Avoiding certain locations. This includes the victim’s workplace, vehicle, home, children’s schools, and/or other places.
- Temporarily surrendering custody of children and/or pets to the victim or other family.
- Refraining from transferring or selling certain assets.
2. TPOs
TPOs (temporary protection orders) are civil protection orders that typically last 14 days. They are the first step to getting a 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.
The victim (or their attorney) 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.
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 Colorado restraining orders that can potentially last forever. Before issuing a PPO, the judge would hold a hearing where both sides and their attorneys can argue their case, present evidence, and call witnesses.
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 restraining orders that last three days. 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.
5. Civil vs. Criminal Orders
Civil orders are sought by victims. 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.
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 arrest you. It does not matter who reported the violation.
Violating a protection order is a criminal offense in Colorado. 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. Otherwise, a first offense is a class 2 misdemeanor: Up to 120 days in jail and/or $750. |
| Subsequent offense Class 1 Misdemeanor (extraordinary risk): Up to 18 months in jail and/or $1,000. | |
| Criminal protection order (mandatory protection orders in criminal cases) | First offense Class 1 Misdemeanor: Up to 364 days in jail and/or $1,000. |
| Subsequent offense Class 1 Misdemeanor (extraordinary risk): Up to 18 months in jail and/or $1,000.5 |
7. Fighting Restraining Orders
If you are the adverse party in a civil restraining order in Colorado, contact an attorney right away. It is easier to prevent a TPO from becoming a PPO than to cancel an existing PPO.
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 ask 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. That is why if you are named in a TPO, you are strongly advised to hire an attorney to fight against it becoming 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 $97.7
Violating a restraining order is a misdemeanor in Colorado.
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. 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.
- 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.