The Colorado courts offer substantial protections to individuals who are at risk of suffering physical, sexual, or emotional abuse. Restraining orders and no-contact orders are two essential tools used to safeguard individuals during and after court processes, such as divorce. child custody, or due to domestic violence or stalking. While these two processes are sometimes confused or used interchangeably, they are distinct court orders with different implementations, enforcement, and penalties for violation. If you feel you may need a court order of protection, a Colorado divorce attorney can help you.
What Is a Restraining Order In Colorado?
Restraining orders are often generated due to allegations of abuse or the threat of harm, most commonly from one spouse to the other during a divorce, between parents involved in child custody disputes in Denver or in cases of stalking, harassment, and domestic disputes.
A restraining order is a court-issued order that prohibits the subject from coming within a specified distance of the protected person at their home, workplace, or elsewhere. If the subject of the restraining order and the protected individual accidentally encounter each other in a public place, the individual who arrived last must leave. A restraining order also bars the subject from contacting the protected individual by phone, email, text message, social media, or any other electronic means.
A temporary or emergency restraining order may be issued immediately when a law enforcement officer perceives that there is a substantial threat of harm to the alleged victim. Then, a hearing is held within 14 days to either issue a permanent restraining order or terminate the order, depending on the circumstances and the facts presented to the judge.
Violating a restraining order in Colorado may result in jail time of up to one year and a fine of up to $1,000 for a first offense, with increasing penalties for subsequent offenses.
What Is a No Contact Order In Colorado?
A No-Contact Order is issued mandatorily against arrested alleged offenders in domestic violence cases under Colorado law (C.R.S. § 18-1-1001). Like a restraining order, a no-contact order prohibits the alleged offender from coming within a specified distance of the protected party and bars them from the protected party’s home and workplace.
While a restraining order is issued in civil court to protect an individual who is under threat of harm, a no-contact order is the result of criminal proceedings and is imposed by the court to prevent further contact after harm has already occurred. Signing a no-contact order is often a condition of the offender’s bond release.
Key Differences In Enforcement and Penalties Between Restraining Orders and No-Contact Orders In Colorado
When the subject of a restraining order violates the order, the protected person may call the police for immediate enforcement measures. If a subject violates a no-contact order, the protected individual must file a contempt of court citation, although they may still call the police for protection if the subject of the order commits a crime, such as breaking and entering, assault, or other criminal actions during the violation of the no-contact order.
Although obtaining justice for a violation of a no-contact order is a more complex legal process, there are harsher penalties for conviction, with up to six months in prison for a first offense. A no-contact order remains in effect until the victim requests that it be lifted or the defendant requests a hearing to modify or terminate the order. Contact our high-conflict divorce attorney at Ciancio Ciancio Brown, P.C. at (303) 451-0300 for a free consultation.