How to Get a Permanent Restraining Order in Colorado

Colorado issues permanent restraining orders to protect individuals from a variety of threatening and abusive behavior.

The state of Colorado issues restraining orders to protect the actual or likely victims of stalking, domestic abuse and sexual or physical assault, and to prevent emotional abuse of the elderly or at-risk adults. To get a permanent restraining order, you must file documents with the court explaining your situation and requesting a temporary or emergency restraining order. The temporary restraining order will only be valid until both sides can present their case before a judge, who decides whether a permanent restraining order is appropriate.

Instructions

1. Download forms. You can download the forms necessary to begin the restraining order process directly from the Colorado Judicial Branch website through the link in the Resources section of this article. The four forms you need are the Verified Complaint/Motion for Protection Order (JDF 402), Incident Checklist (JDF 401), Information Sheet for Registering a Protection Order (JDF 442) and Affidavit Regarding Children (JDF 404). The Complaint must be signed either in the presence of a notary or at the courthouse.

2. File the forms with the clerk at your local county courthouse. Unless you are a victim of domestic abuse, stalking, sexual assault or unlawful sexual contact, you will be assessed an $87 processing fee. If you are not required to pay the fee, the clerk may asses it against the person restrained.

3. Attend a temporary order hearing. The temporary protection order hearing is usually ex parte, meaning the person to be restrained will not be present. The judge will ask you questions about your situation to determine whether to issue a temporary order.

4. Complete service of process. You will be responsible for serving a copy of the complaint upon the person being restrained, but you cannot do this yourself. Any person over 18 not named in the complaint can serve process for you, or you can hire the county sheriff to serve process for a fee. The person who serves process must complete the certificate-of-service form and should return the form to you.

5. Attend permanent order hearing. Bring your copy of the complaint plus the certificate of service to the permanent order hearing, which usually is set for about 14 days from the original filing. The restrained party probably will attend and argue that a restraining order should not be issued against him. If the judge rules in your favor, the permanent restraining order will be issued.

Tips & Warnings

• A permanent restraining order lasts forever, except that the restrained person can request that the order be terminated after four years if she maintains a clean criminal record. If the person makes such a motion, you will be notified and will have the opportunity to show why the order should remain in place.

References

• Colorado Revised Statutes: Title 13, Article 14
• Colorado State Judicial Branch: Instructions for Obtaining a Restraining Order
• CDI: The Ins and Outs of Colorado Restraining Orders

Resources

• Colorado State Judicial Branch: Protection Order Forms
• Women's Law: How long does a domestic violence protection order last?