Navigating the legal landscape of restraining orders can be a complex and emotionally taxing experience. In Colorado, these orders are crucial instruments designed to protect individuals from harm or harassment. This blog post aims to shed light on restraining orders under Colorado law, focusing on C.R.S. 18-1-1001, and help you understand your rights and obligations.
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1. What is a Protection order or restraining order?
A restraining order, commonly known as a “protection order” under Colorado law, is a court-issued command intended to protect an individual from being harassed, stalked, or physically harmed by another person. Typically, these orders restrict or prohibit contact between the person requesting the order and the person it is issued against. Violating the terms of a restraining order can lead to criminal charges and significant legal repercussions.
2. Types of Restraining Orders: Criminal vs. Civil
Criminal Restraining Orders
Under C.R.S. 18-1-1001, a criminal restraining order is automatically issued against a defendant when charged with criminal offenses like domestic violence, stalking, or harassment. These orders are typically mandatory and put into effect immediately upon the defendant’s arrest.
Civil Restraining Orders
Civil restraining orders are generally sought by individuals against someone with whom they might not have a criminal case. These could be neighbors, acquaintances, or family members where there may not be a pending criminal charge but there is a need for protection. These should only be filed in cases where there can be a showing made of harm or potential harm/danger in the future. Filing a protection order isn’t appropriate simply because you don’t want to see someone any longer.
3. How do I get a restraining order on someone?
Obtaining a civil restraining order involves filing a petition with the court and providing evidence that substantiates your need for protection. You’ll usually start by filing for a temporary restraining order, which could be granted on the same day based on the evidence presented. A more permanent order generally requires a court hearing where both parties can present their cases.
You will also obtain a protection order or restraining order against someone if you are the victim of a crime under C.R.S. 18-1-1001.
If you need help filing a protection order, contact an attorney, or you can go to the Colorado Judicial Branch Self-help center to find forms and resources.
4. How do I get a restraining order lifted?
Getting a restraining order lifted is not straightforward. If you’re the person against whom the order was issued, you’ll usually need to wait until a specified review date. You may also file a motion to modify or dismiss the order, but success often requires substantial evidence proving that the order is no longer necessary.
If you’re the protected party, you can request that the order be lifted, but the final decision rests with the court.
5. Will a restraining order affect my Second Amendment rights?
Yes, a restraining order can significantly impact your Second Amendment rights. Under federal law, persons subject to certain types of restraining orders are prohibited from possessing firearms. If you are concerned about your Second Amendment rights, please speak to an attorney about how your pending charges that carry a MRO (mandatory restraining order) could effect your ability to possess a firearm. In Colorado you will be required to remove all guns from your possession and file an affidavit with the Court if you have even been charged with a crime of domestic violence.
6. What happens if a restraining order is violated?
Violating a restraining order is a criminal offense under Colorado law. Under C.R.S. 18-6-803.5 it is a misdemeanor to violate a restraining order. Depending on the circumstances and the nature of the violation, the offender could face harsher penalties. These penalties may include imprisonment, fines, and an extension or modification of the existing restraining order.
A first time violation of a civil protection order is a class 2 misdemeanor in Colorado. If convicted, the maximum penalty is:
- up to 120 days in jail and/or
- up to $750 in fines.
For a first violation of a criminal protection order, it is a class 1 misdemeanor, and an offender will face:
- up to 12 months in jail and/or
- up to $1,000 in fines.
A second or greater offense become an Aggravated M1, which carries:
- up to 18 months in jail and/or
- up to $1,000 in fines.
Understanding the intricacies of restraining orders is crucial, whether you’re seeking protection or have had an order filed against you. Knowing your rights and obligations can make the process less daunting and help you make informed decisions.
For expert legal counsel on restraining orders and other legal matters, contact the McDowell Law Firm today.