Whether you filed a protection order or have one issued against you, it's critical to know your rights. Our team of Colorado lawyers will help you navigate these confusing and stressful situations with ease.

Do You Know Your Rights with Protection Orders in Colorado?

Whether you're seeking protection from someone or facing an order against you, protection orders can be extremely impactful on your well-being.

The criminal defense attorneys at Jorgensen, Brownell & Pepin, P.C. are here to support clients in Denver, Broomfield, Longmont, and Loveland when filing for, modifying, and defending against protection orders.

What is a Protection Order?

A protection order (also known as a restraining order) is an order issued by a Colorado court prohibiting one person from having contact with another. Generally speaking, protection orders are issued to keep the restrained person from harming a specific individual.

In Colorado, protection orders are classified in 2 ways:

• Protection Orders for Criminal Cases
• Civil Protection Orders

While protection orders function very similarly in criminal cases and civil cases, their root causes differ.

Protection Orders for Criminal Cases

Protection orders in criminal cases are also referred to as “mandatory protection orders” or “MPOs.”

The parties involved in a Colorado MPO case include:

• Victim/witness: The individual directly harmed or threatened or who testifies in a case.
• Defendant: Person accused of a crime.

During an active criminal case, an MPO may include no contact at all and prohibits the defendant from causing harm to the witness or victim, including:

• Harassing
• Molesting
• Intimidating
• Retaliating against
• Tampering

Especially with domestic violence cases, the respondent may be ordered to do more than simply stay away from the petitioner. The respondent could be ordered not to possess weapons, not to possess or consume alcohol or other controlled substances, or anything else the court deems appropriate.

Civil Protection Orders

The other type of protection order applied in Colorado takes place when an individual is afraid for their safety. Civil protection orders must be formally requested while protection orders in criminal cases are automatic.

The parties involved in Colorado civil protection order cases include:

• Petitioner: The person who files a protection order motion with a court.
• Respondent: The individual who is the person controlled by the protection order

Generally speaking, a petitioner will file for a civil protection order when they have experienced sexual assault, domestic violence (including coercion), stalking, physical assaults or threats, or another crime at the hands of the respondent. Next, a Colorado court will issue a temporary protection order (TPO) that lasts for 2 weeks, followed by a permanent protection order (PPO).

How to Obtain a Civil Protection Order in Colorado

To obtain a protection order in Colorado, a petitioner must go to an initial court hearing to explain the harm the respondent has caused them or the threats made. The petitioner must also prove that the acts are likely to continue if the court does not grant the protection order.

Once a Colorado court issues a temporary protection order (TPO), a second hearing is held to determine whether the order qualifies as a permanent protection order (PPO). During this hearing, the respondent will have the opportunity to appear and argue why the protection order should not be made permanent.

Penalties for Violating Protection Orders

Violating a protection order in Colorado can have serious consequences. It is usually a Class 2 misdemeanor, but can go up to a Class 1 misdemeanor in certain circumstances.

• Class 1 Misdemeanor: up to 364 days in jail and up to a $1,000 fine
• Class 2 Misdemeanor: up to 120 days in jail and up to a $750 fine

Our Lawyers Defend Both Sides of Protection Order Cases in Colorado

Since protection orders can be extremely impactful to your well-being, it's critical to know exactly what options you have.

Whether you are a petitioner or respondent in a protection order case, we will help you understand and resolve your legal issues. Let the defense attorneys at Jorgensen, Brownell & Pepin, P.C. fight for your case!