Frequently Asked Questions for Civil Protection Orders

Instructions

JDF 395 - Instructions for Restrained Person Motion to Modify / Dismiss Protection Order

JDF 396 - Instructions for Protected Person Motion to Modify / Dismiss Protection Order

JDF 400 - Instructions for Obtaining a Protection Order

Forms

JDF 393 - Verbal Emergency Protection Order Issued Pursuant to §13-14-103, C.R.S.

JDF 394 - Emergency Protection Order Issued Pursuant to §13-14-103, C.R.S.

JDF 397 - Motion to Modify or Dismiss Temporary or Permanent Protection Order

JDF 398 - Citation and Temporary Civil Protection Order Issued Pursuant to §13-14-104.5, C.R.S.

JDF 399 - Permanent Civil Protection Order Issued Pursuant to §13-14-106, C.R.S.

JDF 401 - Incident Checklist

JDF 402 - Verified Complaint/Motion for Civil Protection Order

JDF 404- Affidavit Regarding Children Pursuant to §14-13-209, C.R.S.

JDF 410 - Order Modifying Protection Order

JDF 413 - Verified Motion for Contempt Citation

JDF 414 - Contempt Citation and Order to Show Cause

JDF 415 - Order Vacating Protection Order

JDF 440 - Mandatory Protection Order

JDF 442 - Information Sheet for Registering a Protection Order

JDF 401 Incident Checklist

JDF 402 Verified Complaint/Motion for Civil Protection Order

JDF 404 Affidavit Regarding Children

JDF 442 Information Sheet for Registering a Protection Order

JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order

JDF 410  Order Modifying Protection Order

JDF 415 Order Vacating Protection Order

A Subpoena must be served no later than 48 hours prior to the appearance date.

A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a deposition, hearing or trial.

A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one of the parties to require the witness to bring certain documents or evidence in their possession with them to a deposition, hearing or trial.

A Court hearing or trial must be set prior to requesting the clerk to issue a Subpoena.

For additional information, please review C.R.C.P 345.

Instructions and Forms can be found by clicking on http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=154

Protection Orders, also called Restraining Orders, are orders to stop specific acts against everyone named in the restraining order as a “Protected Person.” Some of the things that the restrained person can be ordered to:

     *Stop contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting or abusing any Protected Person;

     *Stop entering or remaining on premises, or coming within a specified distance of a Protected Person or premises;

     *Stop taking, transferring, concealing, harming, disposing of, or threatening harm to an animal owned, possessed, leased, kept, or held by a Protected Person;

      or the court can grant such other relief as the court deems appropriate. C.R.S. 13-14-105(1)(i).

A Temporary or Permanent Civil Protection Order may be issued against an adult or a juvenile who is ten years of age or older.

The case can be filed with the court in any county where the incident(s) occured, or in any county where one of the parties resides, or in any county where one of the parties is employed.

1. Fill out JDF 402 Verified Complaint/Motion for Civil Protection Order.

Complete all necessary information on the form.

Be specific and provide complete information about why you want a Protection Order. Explain what happened in your own words.

If you want to have your address left out of the pleading, check box #6 on the Complaint/Motion.

The JDF 402 Complaint/Motion must be signed in the presence of a Notary Public, or you can sign it in front of a Court Clerk when you file it with the court.

2. Fill out JDF 442 Information Sheet for Registering a Protection Order.

Complete this form and attach it to the JDF 402 Verified Complaint/Motion for Protection Order. It is important that the information be complete and accurate for enforcement of the Protection Order.

3. Fill out JDF 404 Affidavit Regarding Children if a child or children are involved.

If you are planning to ask for temporary care and control, interim decision-making, or parenting time for the child or children, or a Protection Order for the benefit of any minor child, you must complete JDF 404 Affidavit Regarding Children Pursuant to C.R.S.14-13-209.

4. You may fill out JDF 401 Incident Checklist, but it is not required.

You may complete this form to help you prepare for your hearing.

You may keep it or you may file it with your JDF 402 Verified Complaint/Motion. If you do file this form, it will become a part of the public record and will be served on the other party as a part of the Complaint/Motion.

5. File your documents with the court.

The Court may charge a filing fee to the person seeking a Civil Protection Order. A filing fee is required except when the person seeking a protection order is a victim of domestic abuse, domestic violence, stalking, sexual assault or sexual abuse. The court shall provide the necessary number of certified copies at no cost to petitioners in this case. If the person seeking a Protection Order is not required to pay the filing fee, the Court may require the restrained person to pay the filing fee, service-of-process fees and attorney fees at the Permanent Protection Order hearing.

You may be asked questions by the judge about your request to obtain a Temporary Protection Order and any issues regarding the child(ren), if that applies. If the Court grants your request, you will be given a written Temporary Protection Order.

When you get the Temporary Protection Order document, you'll need to do the following:

*Get certified copies of the Temporary Protection Order from the court clerk. The number of copies you need will be based on your circumstances. You will need one for yourself and one to serve on the restrained person. If you were awarded temporary care and control, parenting time and/or interim decision-making of the minor children, or if the restrained person was ordered to have no contact with the minor children, you may need copies for your work, children’s school, daycare provider, etc.

*Carry a copy of the Temporary Protection Order and a copy of the Affidavit/Certificate of Service with you at all times.

The Temporary Protection Order is only temporary and you must appear at the Permanent Protection Order hearing that will be set by the Court. The result of the Permanent Protection Order hearing will determine if the Temporary Protection Order becomes permanent.

Once you receive a Temporary Protection Order, you are required to complete personal service on the restrained person with a copy of the Complaint/Motion, the Temporary Protection Order and the Affidavit/Certificate of Service.  This must be done prior to your Permanent Protection Order hearing or prior to the next hearing date set by the Court.

The Permanent Protection Order hearing is usually set within 14 days from your Temporary Protection Order hearing, or the Court may set a future hearing date to address parenting time and decision-making responsibilities for the child(ren), if that applies.

TIPS for completing personal service:

Provide a copy of the Complaint/Motion, the Temporary Protection Order, and the Affidavit/Certificate of Service to be served on the restrained person. This can be done by the sheriff, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service.

Be sure to direct the sheriff, private process server, or person serving the documents to return the original and a copy of the Affidavit/Certificate of Service to you.

Remember to bring the original to court on the day of your Permanent Protection Order hearing.

Always carry 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 before the Permanent Protection Order hearing, you can file a motion asking the court to continue the hearing to a later date and allowing you more time to complete the personal service.

If you do not appear at the Permanent Protection Order hearing or the next hearing date set by the Court, your Temporary Protection Order will automatically expire and you will no longer have a Protection Order.

If you obtained a Temporary Protection Order, you must bring the original Affidavit/Certificate of Service with you and submit it to the Court.

If the Court grants your request, you will be given a written Permanent Protection Order.

When you get the Permanent Protection Order document, you'll need to do the following:

*Get certified copies of the Permanent Protection Order from the court clerk. The number of copies you need will be based on your circumstances. You will need one for yourself and one to serve on the restrained person, if they did not attend the Permanent Protection Order hearing. If you were awarded temporary care and control, parenting time and/or interim decision-making of the minor children, or if the restrained person was ordered to have no contact with the minor children, you may need copies for your work, children’s school, daycare provider, etc.

*Carry a copy of the Permanent Protection Order with you at all times.

If the restrained person is present during the Permanent Protection Order hearing, the Court will give a copy of the Permanent Protection Order to him/her and personal service is not necessary.

If the restrained person is not present at the Permanent Protection Order hearing and the Permanent Protection Order is different from theTemporary  Protection Order, you must complete personal service.

* Landlord cannot include in a lease a penalty against a renter for calling the police or for other emergency assistance because of a domestic violence, domestic abuse, illegal sexual behavior, or stalking situation.

*The renter in a lease may tell the landlord in writing that they want to end the lease because he/she is a victim of domestic violence, domestic abuse, illegal sexual behavior, or stalking and they are afraid of imminent danger to themselves or children because of the domestic violence, domestic abuse, illegal sexual behavior, or stalking. 

     *The renter must provide 1 of the following to the landlord that shows he/she is a victim of domestic violence, domestic abuse, illegal sexual behavior, or stalking. 

           *Police report written within the past 60 days
           *OR Protection order that is in place
           *OR Written report from a medical professional (for example a doctor, nurse, etc.) who examined or talked with the victim.

                    *For a victim of stalking the written report should be from a person who helped the victim with the stalking case, instead of a medical professional if a medical professional wasn’t involved.

*The victim may still have to pay for some part of the lease, including 1 month’s rent after leaving the rented apartment/house and/or removing all his/her things, to be paid to the landlord 90 days after the renter leaves the house/apartment.  See § 38-12-402 (2) (b), C.R.S.

If you were served with a Temporary Protection Order you must appear at court on the date and time that is on the Order. If you don't appear on that court date, the Temporary Protection Order may be changed to a Permanent Protection Order by the judge.

If the Protection Order was filed before July 1, 2013, you must wait 4 years after the issuance of the Permanent Protection Order, or 4 years after disposition of any prior motion, before asking the Court to dismiss the Protection Order.

If the Protection Order was filed on or after July 1, 2013, you must wait 2 years after issuance of the Permanent Protection Order, or 2 years after disposition of any prior motion, before asking the Court to dismiss the Protection Order.

If, after the issuance of the Permanent Protection Order, you have been convicted of or plead guilty to any misdemeanor or felony against the protected person(s), other than the original offense that formed the basis for the issuance of the Protection Order, then the Permanent Protection Order remains permanent and must not be modified or dismissed by the Court. It is important to understand that any violations after the Permanent Protection Order is issued are taken into consideration.

You must complete a fingerprint-based criminal history check before filing a motion to modify or motion to dismiss the Permanent Protection Order. The Court will not consider the motion unless the fingerprint-based criminal history check is done within 90 days prior to the filing of the motion.

It is your responsibility to prove that a modification of the Protection Order is appropriate, or that dismissal of the Protection Order is appropriate because the Protection Order is no longer necessary.

The protected person, or the protected person’s attorney, parent, legal guardian (if a minor), or an appointed Conservator for the protected person may ask the court at any time to modify or dismiss a Protection Order. The protected person may ask for any modification, included but not limited to a modification of the duration of the Protection Order or a dismissal of the Protection Order.

If the restrained person has been convicted of or pled guilty to any misdemeanor or felony against the protected person after the date the Protection Order was issued, other than the original offense that formed the basis for the issuance of the Protection Order, then the Protection Order remains permanent and must not be modified or dismissed by the Court.

Steps to file the Motion to Modify or Dismiss Temporary or Permanent Protection Order:

Step 1

Required forms:

JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order

JDF 410 Order Modifying Protection Order

JDF 415 Order Vacating Protection Order

Complete all necessary sections on form JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order.  Use the same case number that is listed on your original Temporary or Permanent Protection Order paperwork.

The JDF 397 form must be signed in front of a Court Clerk or Notary Public. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

Make two complete sets of copies of the paperwork listed above.

Complete the caption (top part of form) on forms JDF 410 Order Modifying Protection Order and JDF 415 Order Vacating Protection Order.  Use the same case number that is listed on your original Temporary or Permanent Protection Order paperwork.

Step 2

Provide the Court with the documents completed in Steps 1 and 2.

The clerk will fill in the date and time for the hearing.

Step 3

Complete personal service on the other party. This can be done by the sheriff, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service.

Be sure to direct the sheriff, private process server, or person serving the documents to return the original and a copy of the Affidavit/Certificate of Service to you and then file the original with the Court before the date of your hearing.

Step 4

Be prepared for the hearing.  You may be asked questions about your request to modify or dismiss your Protection Order.

If the Court orders that the Protection Order is modified or dismissed, you will be given a court order saying so.

If your Protection Order is modified, you may also be given a new Temporary or Permanent Protection Order that states the new conditions of your Protection Order.

If the restrained person is not there for the hearing, then they must be personally served with a copy of the court order and the new Protection Order as soon as possible. It is your responsibility to complete personal service. Follow the steps outlined in Step 3 above.

If the Protection Order was filed on or after July 1, 2013:

1. You must wait 2 years after Permanent Protection Order was issued. Or,
2. You must wait 2 years after your last motion dismiss/modify was denied.

If the Protection Order was filed before July 1, 2013:

1. You must wait 4 years after the Permanent Protection Order was issued. Or,
2. You must waist 4 years after your last motion to dismiss/modify was denied.

1. If, you've been convicted/plead guilty of a crime against the protected person, then the order becomes permanent.
2. Any violations of the Protection Order are taken into consideration.

Before Filing

1. You must complete a fingerprint based criminal history check dated within 90 days.
2. Complete the required fingerprint-based criminal history check from both the CBI (Colorado Bureau of Investigation) and the FBI (Federal Bureau of Investigation).

Schedule an Appointment

1. Schedule an appointment to be fingerprinted at www.coloradofingerprinting.com. 

Fingerprint Cards

In the fingerprint card you receive after scheduling an appointment:

1. You will see a box labeled “Reason Fingerprinted” on the card in the upper left hand corner. Write “§13-14-108 Protection Order.” 
2. It is important that the CBI and the FBI know that the criminal history record check is for a modification or dismissal of a Civil Protection Order.
3. Please write your name, home address, and date of birth clearly on the fingerprint card. If the agency completing the fingerprints uses an electronic print system, please do not write on the cards as the agency will automatically input the information.

Provide the required information to the CBI and the FBI. Allow up to 13 weeks to process the criminal history check from the FBI. It can take up to 4 weeks to receive your criminal history check back from the CBI. The criminal history check results must be dated within 90 days prior to the filing of the Motion. For this reason, it is best to mail your FBI fingerprint card, wait 7 - 9 weeks, and then mail or hand-deliver your CBI fingerprint card. You will then be provided with a full report from both agencies.

FBI

The FBI requires an Applicant Information Form to be submitted along with the fingerprint card. This Applicant Information Form, along with additional information regarding FBI requests, can be obtained at the following link: www.fbi.gov/services/cjis/identity-history-summary-checks

Mail the completed fingerprint card and Applicant Information Form to the FBI at Criminal Justice Information Services (CJIS) Division, Attn: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306, along with a certified check or money order for $18.00. Do not fold the fingerprint card.

You can also contact FBI customer service at 304-625-5590.

CBI

Mail or hand-deliver your completed CBI fingerprint card to the CBI at 690 Kipling, Denver, Colorado 80215, along with a money order. Do not fold the fingerprint card. If you hand-deliver the fingerprint card, you can also pay by cash. The following link will give you information about obtaining a CBI background check as well as the fees charged: CBI - Criminal History Record Information and Fees. You can also contact CBI at 303-239-4208.

If you have a felony conviction recorded in Colorado or any other state, and you know that it is inaccurate, it is your responsibility to obtain the disposition information from the court where such action occurred as identified in the CBI and FBI reports.

You are also responsible for providing certified copies of any criminal dispositions that are not reflected in the CBI or FBI records, and any other dispositions which are unknown, by contacting the agency where such actions occurred.

Timelines

Required Forms

1. JDF 397 - Motion to Modify or Dismiss a Protection Order
2. JDF 410 - Order Modifying Protection Order
3. JDF 415 - Order Vacating Protection Order

Form Tips

1. Complete all necessary sections on form JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order.  Use the same case number that is listed on your original Temporary or Permanent Protection Order paperwork.
2. The JDF 397 form must be signed in front of a Court Clerk or Notary Public. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.
3. Complete the caption (top part of form) on forms JDF 410 Order Modifying Protection Order and JDF 415 Order Vacating Protection Order.  Use the same case number that is listed on your original Temporary or Permanent Protection Order paperwork.

Attachments

1. Attach both criminal history record checks to the motion and identify them as Exhibit A.
2. Make sure that both checks are conducted within 90 days of filing.
3. Attach any other criminal disposition documentation and identify them as Exhibit B.

Copies

1. Make two complete sets of copies of the paperwork listed above.

Get a Court Date

1. Provide the Court with the documents completed above.
2. The clerk will fill in the date and time for the hearing.

Formal Notification

1. Complete personal service on the other party.
2. This can be done by the sheriff, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service.
3. Be sure to direct the sheriff, private process server, or person serving the documents to return the original and a copy of the Affidavit/Certificate of Service to you and then file the original with the Court before the date of your hearing.
4. If the address of the protected person is confidential and you have been unable to attain personal service, ask the Court to determine what other steps can be taken to complete service.

Hearing

1. Be prepared for the hearing.  You may be asked questions about your request to modify or dismiss your Civil Protection Order.
2. If the Court orders that the Civil Protection Order is modified or dismissed, you will be given a court order saying so.
3. If your Civil Protection Order is modified, you may also be given a new Temporary or Permanent Civil Protection Order that states the new conditions of your Civil Protection Order.
4. If the protected person is not there for the hearing, then they must be personally served with a copy of the court order and the new Civil Protection Order as soon as possible. It is your responsibility to complete personal service. Follow the steps outlined in Step 4 above.