How do I get a restraining order in Colorado?
Colorado overhauled its protection order statute in 2013 to create one unified Chapter 14.
1. Types of Protective Orders
2. Eligibility
Civil protection order available to "any person" alleging unlawful behavior (§ 13-14-104.5). Specific relationship required only for certain remedies (e.g., excluding from shared residence). DV defined in § 18-6-800.3 to include intimate relationship; stalking and sexual assault petitions need no relationship.
3. Filing
File in County Court (Denver: Municipal Court) of county where petitioner resides, where abuse occurred, or where respondent resides. No filing or service fee for victims of DV, stalking, sexual assault, or unlawful sexual contact (§ 13-14-103).
4. Emergency / Ex Parte (Temporary Order)
Same-day review. Standard: "imminent danger" to petitioner's life or health (§ 13-14-104.5(7)). Temporary order lasts until permanent order hearing, set within 14 days.
5. Permanent Order Hearing
Held within 14 days. Preponderance standard. Both parties present; testimony, exhibits, witnesses; respondent may cross-examine. Continuance available.
6. Permanent Order Duration
No automatic expiration under § 13-14-108; remains in effect until modified or dismissed. Respondent may motion to modify after 2 years (4 years for sexual assault cases).
7. Enforcement
Violation is Class 2 misdemeanor under § 18-6-803.5 (up to 120 days jail and $750 fine); Class 1 misdemeanor or felony for repeat or aggravated. Mandatory arrest on probable cause (§ 18-6-803.6). Firearm surrender required under § 13-14-105.5; federal prohibition under 18 U.S.C. § 922(g)(8).
8. Modification / Dismissal
Either party may motion under § 13-14-108; respondent's motion only after 2- or 4-year wait depending on underlying conduct.
This is legal information, not legal advice.
- Respondent retains counsel for the 14-day hearing
- Custody, parenting time, or possession of the residence is in dispute
- Concealed handgun permit, police career, or military firearm is implicated
- C.R.S. § 13-14-100.2 et seq.
- C.R.S. § 18-6-803.5
- C.R.S. § 13-14.5-101
- C.R.S. § 13-14-105.5
- 18 U.S.C. § 922(g)(8)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.