The divorce process is always an emotionally fraught and turbulent time, but when one spouse threatens, intimidates, or becomes physically violent, anger and fear can escalate into danger. A Colorado order of protection helps ensure the threatened spouse’s well-being and carries serious legal consequences if violated, including criminal charges against the offending spouse.
There are several types of protection orders available in Colorado. Knowing which type is appropriate for your circumstances is a crucial step forward. Reach out to our award-winning family law firm in Denver to discuss your legal options in a free consultation today.
If you are in immediate danger, an emergency protection order may be the fastest, most effective means of protection. There are two ways of obtaining an emergency protection order in Colorado. During court hours, the threatened spouse may go to their local courthouse and file a petition request with the clerk of court. Or, during an imminent threat situation, the endangered spouse can call law enforcement for help. The responding officers will assess the situation and may seek an emergency protection order (EPO) for the threatened spouse, regardless of court hours, by contacting the on-call judge for the jurisdiction.
An EPO is temporary and ends at the end of the next business day. An EPO is typically followed by the protected party’s petition for a temporary protection order (TPO), signed by the judge to extend the protection.
A temporary protection order is issued by a judge to provide immediate short-term protection to a domestic abuse victim or someone who has been threatened, stalked, or harassed. A TPO begins with a petition to a judge for a protective order, followed by a hearing. At the hearing, the petitioner must demonstrate evidence that they are at risk. If the judge grants the temporary protection order, the TPO does the following:
A TPO’s protection lasts for 14 days. The court must schedule a hearing on a permanent protective order within 14 days or extend the TPO until the delayed hearing date.
Unless the protected person withdraws their request, they must attend the scheduled hearing with the subject. At the hearing, both the protected person and the subject of the order present their sides to the judge.
If the judge issues a permanent protection order (PPO), it extends the above protections for the long-term. Despite being called “permanent protective orders,” the subject of the order may file a request for a modification later, or the protected person may request that the court dismiss the order at any time.
A criminal protection order goes beyond the family court and involves the criminal justice system. They may be issued in cases of domestic violence or other crimes to protect the victim and witnesses.
If you feel threatened by your spouse during a separation or divorce, it’s crucial to speak to an attorney. If the threat is immediate or imminent, call your local police to seek an emergency protection order. Then, call Ciancio Ciancio Brown, P.C. to learn more about your legal options and your right to protection.
