Provisions and Firearm Prohibitions
Protection Orders Carry Certain Provisions to Protect a Party and Can Restrict the Ability of the Perpetrator to Possess a Firearm.Protection Orders
A protection order may include any provisions necessary to ensure the safety of the protected party such as generally:
• Restraining a party from threatening, molesting, injuring, or contacting the other party or the minor children of either party;
- Excluding a party from being within a certain proximity of the home of another party
- Excluding a party from the family home;
- Awarding temporary custody of any minor children of a party;
- Restraining a party from going to a protected party’s work or educational institutions;
- Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of, or threatening harm to an animal of the protected party;
- Providing arrangements for the care of an animal owned or kept by the protected party. C.R.S. § 13-14-105.
As for the children involved with the parties, the court can order parenting time and restrictions, as well as decision-making responsibility. C.R.S. § 14-10-123, C.R.S. § 14-10-124. The court can also establish other various requirements as well. For example, a party may be excluded from a business if the court finds that imminent danger exists to employees, or a party may be ordered to continue making financial payments for the support of the protected party or children. A party also may be excluded from transferring, encumbering, or disposing of joint assets. C.R.S. § 13-14-105(1)(j). A violation of a protection order is subject to criminal charges. C.R.S. § 13-14-106(1)(a).
Unlike the TPO, a finding of imminent danger is not necessary for the issuance of a PPO. C.R.S. § 13-14-106(1)(a). The legal standard of proof for protection orders is a preponderance of the evidence. C.R.S. § 13-14-106(1)(a). Violation of a protection order constitutes a criminal offense. C.R.S. § 18-6-803.5. If a default order issues due to nonappearance by the respondent, the PPO may become permanent. However if the terms of the PPO are different from those of the TPO, the modified protection order must be served on the respondent. Id. Either party may request a continuance for good cause for 14 days for PPO hearing. C.R.S. § 13-14-106(1)(b). It is not unusual for a continuance to be requested to obtain the assistance of counsel or to procure evidence. The PPO hearing is an evidentiary hearing and the alleging party must provide evidence of the allegations of harm. If both Parties agree, the Court may continue the TPO for up to one year.Firearm Prohibitions
Respondents subject to a PPO are prohibited from possessing or purchasing a firearm or ammunition. The court orders that:
(1) the person cannot possess or purchase a firearm or ammunition, and
(2) that the person must relinquish any firearm or ammunition in the respondent’s possession or control. C.R.S. § 13-14-105.5. This prohibition lasts for the duration of the PPO.
If the respondent is present in court when the PPO is issued, the respondent has 24 hours to relinquish firearms and ammunition. If the respondent is not present in court, after service of the PPO, he or she has 48 hours to relinquish firearms or ammunition. C.R.S. § 13-14-105.5(1)(a)(II) and (2)(a). The court may extend to 72 hours for relinquishment of a firearm and up to five days for relinquishment of ammunition. C.R.S. § 13-14-105.5 (2)(b). A respondent may sell or transfer possession of his or her firearms and ammunition to a federally licensed firearms dealer or to a private person. C.R.S. § 18-12-112. Alternatively, a law enforcement agency may store the firearms. C.R.S. § 13-14-105.5(2)(c). The respondent must verify the relinquishment within three business days by filing a copy of the sale or storage receipt. If the Respondent does not file the receipt, the court issues a warrant for the respondent’s arrest. C.R.S. § 13-14-105.5 (9)(a). Any future possession or attempts to purchase a firearm or ammunition while the protection order remains in place subjects the respondent to criminal prosecution. C.R.S. § 18-6-803.5(1)(c), C.R.S. § 13-14-105.5(11).Turning Change Into Opportunity in Colorado Springs
A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. Give yourself the benefit of hiring one. This allows you to focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law is a knowledgeable and experienced attorney who protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.