Civil Protection Orders
When a person is in imminent fear of serious harm, he or she may request a civil protection order be issued by a court. The request is made through a Verified Motion For Civil Protection Order filed with the court. A temporary protection order may be issued based on the request. If so, a permanent protection order hearing is scheduled 14 days later where further application must be made to continue the order for a longer period of time.Temporary Protection Order
A temporary protection order is issued based only on the representation of the complaining party. A temporary protection order may be issued against any person who is at least 10 years old or older and is intended to help prevent assault, threats of bodily harm, domestic abuse, elder abuse, sexual assault, and stalking. A police report is not necessary for a civil protection order, however it may be helpful evidence at a permanent protection order hearing. If a person is charged criminally with the preceding offenses, then a criminal protection order will be issued. That is a different order issued in criminal court. A person may be protected by both a civil and criminal protection order.
The legal standard for issuance is “imminent danger”. For example, if the perpetrator is in a different state with no plans to be in Colorado, it is not likely that imminent danger can be proven. If a temporary protection order is issued, a copy of the complaint, order and the citation setting the hearing must be personally served upon the respondent. Contained in the paperwork is notice that a failure to appear may result in the issuance of a bench warrant, and that the temporary protection order may be made permanent without further notice. If the responding party can not be served in time, the Court may extend the hearing date. The temporary protection order prohibits the restrained party from being within a certain distance of the protected party and to include a shared home. The restrained party may go to the home one time with a police officer to obtain undisputed personal belongings.
Although protection orders are usually issued by county courts, if a domestic relations case is already pending, then the request for protection order must be made to the district court where the domestic relations case is pending.Common Protections
Common protections include:
- Restraining a party from threatening, molesting, injuring, or contacting another party or his or her children;
- Excluding a party from a shared home;
- Awarding temporary care and control of any minor children;
- Restraining a party from interfering with the protected party’s employment or education;
- Restraining a party from harming an animal connected to the protected party and providing arrangements for the care of the animal.
At the permanent protection order hearing, the court will hear evidence presented by the parties. The legal standard for issuance of a permanent protection order is: (1) that the respondent has committed an act or acts that are grounds for the issuance and (2) if not further restrained, the respondent will continue to com-mit such acts. A finding of imminent danger is not necessary for the issuance of the permanent protection order as is was for issuance of the temporary order. The standard of proof is by a preponderance of the evidence, which is a “more likely than not” standard.Turning Change Into Opportunity in Colorado Springs
You will want an experienced attorney on your side for your one bite at the court apple. An experienced attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Colorado Springs Divorce and family law matters are difficult to navigate alone.
The court system is more complex than it should be. Change can be stressful, however it can lead to a better future. Janko Family Law Solutions helps ensure that your best interests are protected and that you are aware of your legal rights and obligations. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.