If you have been threatened or harmed by your spouse or domestic partner, you have a right to request a temporary civil order of protection (a restraining order).
A civil order of protection is a court order stating the person in question must stay a specific distance away from you and also prevents the person to whom the order is issued to not trespass on certain property. These orders are only temporary, so if there is a need to protect yourself long-term, you will need to have a hearing to obtain a permanent protection order within 14 days after obtaining the temporary protection order.
According to C.R.S. § 13-14-104.5(1)(a), civil protection orders will be granted for a variety of reasons, including:
• To prevent assaults and threatened bodily harm;
• To prevent domestic abuse;
• To prevent emotional abuse of the elderly or of an at-risk adult;
• To prevent sexual assault or abuse; or
• To prevent stalking.
People requesting a civil order of protection need not “show that he or she has reported the act that is the subject of the complaint to law enforcement, that charges have been filed, or that the petitioner is participating in the prosecution of a criminal matter.”
Once a civil order of protection is requested, there will be a hearing and the order will be granted, according to C.R.S. § 13-14-104.5(7), if the judge finds:
“an imminent danger exists to the person or persons seeking protection under the civil protection order. In determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider all relevant evidence concerning the safety and protection of the persons seeking the protection order. The court shall not deny a petitioner the relief requested because of the length of time between an act of abuse or threat of harm and the filing of the petition for a protection order.”
“ an imminent danger exists to the employees of a business entity, he or she may issue a civil protection order in the name of the business for the protection of the employees. An employer is not be liable for failing to obtain a civil protection order in the name of the business for the protection of the employees and patrons.”
Once the order is granted, the person against whom the order is issued will be able to return to any residence shared with the requestor one time, accompanied by law enforcement, to collect his or her belongings.
If you have been threatened or believe you are in danger and you want to prevent an incident, or you believe a civil order of protection is necessary to remove your spouse or domestic partner from your home, we can help. Contact Montgomery Little & Soran, PC at 303-773-8100.