How to Obtain a Restraining Order in Colorado
A restraining order, also known as a protective order, is issued by the court system in Colorado to a person who is fearful of being harmed, threatened or abused in a domestic violence situation or via a stalker who is not known to her. The purpose of restraining orders is to cease and desist contact and to eradicate threatening situations and abuse, both verbal and physical. While a a protective order does not offer complete and total protection to a victim, it can be an imperative first step toward stopping the cycle of abuse and making the restrained party accountable for his actions.
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Instructions
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Determine which type of restraining order best matches your particular situation. The state of Colorado has two different types of restraining orders: criminal and civil. A criminal restraining order is appropriate in situations where there are already criminal charges or a pending trial in relation to the abuse. Criminal restraining orders are applied for directly by the local prosecutors office, and the victim is not required to appear in court. Civil restraining orders are issued by the civil court system and can be approved even if the abuser has not been charged with any crime or if there is a divorce in progress. A civil restraining order can be applied for directly by the victim with or without the presence of an attorney.
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To file a civil restraining order, go to the county or district courthouse in your area and file a petition for a temporary order of protection. This short-term restraining order serves to protect you and your family from immediate harm or danger. You must explain the reasons that you are seeking a restraining order and cite examples of abuse, violence or harassment and tell the court why you are in fear for your safety and well-being. If the temporary restraining order is approved, you will get a copy of it, and the party you are bringing the order against will be formally served with the restraining order. Within 14 days, a court date will be set for the issuance of a permanent restraining order.
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Attend court proceedings on the date that the judge appoints to make the restraining order permanent. The court will listen to evidence from you as well as the restrained individual. If the judge determines that the requester of the restraining order has adequate cause for fear of her own safety based on past abuse, physical threats or other harm, the permanent restraining order will be issued. Should the restrained party fail to appear in court, he can still be served with a permanent restraining order.
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Tell family, friends and your employer about the permanent restraining order and provide each of them with copies of it. Keep a few copies of it, too. Keep a copy in your car, one in your office and one at home. In the event that the restrained individual violates the terms and conditions of the order of protection and comes in contact with you or attempts to abuse or harm you in any way, contact the police immediately and advise them that you have a restraining order that has been violated. The person violating the restraining order can then be arrested.
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Realize that a restraining order does not offer you 100 percent protection from an abuser. While it can help law enforcement to protect you if the terms of the protective order are violated, it does not afford absolute protection from harm. Have a network of friends, family and family to provide guidance and moral support. Consider attending support groups or receiving professional counseling for victims of crime, domestic violence or stalking. Understand that others in a similar situation can help you to realize that you are not alone.
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