How to Get a Protection/Restraining Order in Colorado?
Any person who is the victim of violence, domestic violence, domestic abuse, sexual abuse, stalking or who is in fear of personal harm can go to a civil court and get a restraining order. A restraining order is enforceable both statewide and nationwide. There are a few steps that must be taken in order to receive a restraining order. The Family Law Attorneys at FlinLaw can consult with you and help make sure all the correct steps are taken to ensure the safety of you and your family.
There are two types of restraining orders, a temporary restraining order (TRO) and a permanent restraining order (PRO). In order to get a PRO you must first get a TRO. To get a temporary restraining order you will need to go to the court and fill out some forms. Typically you will see a judge that same day and you can present any information about the abuse that has occurred and why you are in need of an order. The judge will grant the TRO if he feels it is necessary. The TRO can define that a person must stay a specified distance away from home, work, family, or places that you frequently attend. A TRO lasts for 14 days and will specify a time and date for you to return to court if you wish to try to make it a PRO.
If you wish to proceed with making the temporary order a permanent one, then you should attend your scheduled court hearing. The person who the restraining order is against has the choice to attend this hearing and contest the restraining order. You must be able to state that the defendant hurt or threatened to hurt you and that you are likely in danger of further abuse or threats if the order is not issued. Any medical records, photos, or physical evidence that can help prove abuse will surely help your case. Despite its name, if granted, a PRO does not last forever. The length of the PRO is left to the discretion of the judge.