What is a Protection Order?
A Temporary or Permanent Civil Protection Order may be issued against an adult or a juvenile who is ten years of age or older. Each protection order can only protect ONE person and can only restrain ONE person. If more than one person is seeking a protection order or if the request is to have multiple persons restrained, the requesting party(ies) must file a separate request for each . Court will review each request individually and issue the appropriate order(s).
- A Protection Order means any Order that prohibits the Restrained Person from
- contacting, harassing, injuring, intimidating, molesting, threatening, or touching any Protected Person
- threatening, taking, transferring, concealing, harming, or disposing of an animal owned, possessed, leased, kept, or held by a Protected Person,
- entering or remaining on premises, or coming within a specified distance of a Protected Person or premises, OR
- any other provision to protected the Protected Person from imminent danger to life or health.
- Venue is proper in any county where the acts that are the subject of the Complaint/Motion occur, in any county where one of the parties resides, or in any county where one of the parties is employed.
- To obtain a permanent order for custody of minor children, you will need to file the appropriate domestic relations petition in the district court.
- For additional information, please review Colorado Revised Statute §13-14-102.
How do I file a Protection Order?
To access the form online go to www.courts.state.co.us and click on the “Forms” tab. The instruction packet and necessary forms are available in PDF or WORD by selecting “Protection Orders.” You may complete a form online and print a copy to file or you may print the blank form and type or print legibly in black ink.
How much does it cost to file?
The Court may assess a filing fee to the Person seeking a protection order. A filing fee of $ 97.00 is required except when the Person seeking a protection order is a victim of domestic abuse, stalking, sexual assault or unlawful sexual contact. If you cannot afford the filing fee, you may fill out a motion to file without payment. If approved, your filing fee will be waived.
How long will it take?
The process will take a MINIMUM of 30 minutes and could take as long as two hours on the day you file. If you do not prepare the forms before you appear at the courthouse, completing the paperwork could take as long as one hour. Please arrive at the courthouse no later than 3:30 so you have plenty of time to complete the required paperwork. If the protection order is granted, it will be on a temporary basis and you will be required to return for a second Court hearing within two weeks.
How do I serve the other party?
You must complete personal service on the other party by serving a copy of the Complaint/Motion, Temporary Protection Order and Affidavit/Certificate of Service, as required by Rule 4(e) of the Colorado Rules of Civil Procedure, before your Permanent Protection Order Hearing or the next hearing date set by the Court.
Helpful Hints to complete personal service:
- Take a copy of the Complaint/Motion, Temporary Protection Order, and Affidavit/Certificate of Service to the sheriff, a private process server, or someone you know who is 18 years of age or older and who is not a party to the case and understands the rules for serving a party with legal papers, to serve the Defendant. The sheriff and a private process server may charge a fee to serve the paperwork.
- If you have the sheriff serve the documents, they will file the proof of service with the court. If you chose to use a private process server or a person who is not a party to the case, be sure they understand the proof of service form must be filed with the Court prior to the next hearing. Make certain the process server gives you a copy of the return of service form. For additional information, please visit their website at http://www.weldsheriff.com/CivilProcess.html
- Remember to bring the copy of the Complaint/Motion, Temporary Protection Order and Affidavit/Certificate of Service to Court on the day of your Permanent Protection Order Hearing.
- Carry the copy of the returned Affidavit/Certificate of Service with you along with your Temporary Protection Order. You may need to provide both forms to law enforcement.
- If personal service cannot be completed, inquire with the Court to determine what other steps can be taken to complete service.