Denver Protection
Orders
According to the Colorado Judicial Branch’s website, a
“temporary or permanent civil protection order may be issued
against an adult or a juvenile who is ten years of age or
older for any of the following purposes: To prevent
stalking, domestic abuse, sexual assault, physical assault
and threatened bodily harm; and to prevent emotional abuse
of the elderly or an at-risk adult.”
We can guide you through the process, should you
desire a Protection Order to restrain your spouse from
contact with you or your children—or if your spouse
files one against you.
If you feel you would rather get a Temporary Restraining
Order, “TRO” on your own, it is possible for you to do
so. You will need to call the county court in your
county and find out when the court issues TRO’s. Next,
go to the county clerk’s office at the appointed time
and fill out a complaint form. Your complaint form
explains why you are asking for a TRO. After you fill
out the paperwork, you will have an opportunity to speak
to a judge and explain why you want the TRO.
If you receive a TRO
from the Judge, the party against whom the TRO has been
issued will have to be served with the paperwork. The
TRO is not “in force” until service has taken place
TRO’s are temporary by
nature. There will be a date listed on the TRO for a
Permanent Orders Hearing. This is a full hearing where
the party against whom the Temporary Restraining Order
“TRO” has been issued has a chance to state why it
should not be kept in force. This hearing will occur
soon after your TRO was issued so be very careful to
note the date for this hearing on your TRO paperwork.
You must attend the hearing and it may be a good idea to
have legal representation at this point if it is
possible for you to do so or at least speak to a family
law attorney prior to the hearing.
For more information
about obtaining and enforcing civil restraining orders,
visit the Colorado Court’s self help page located on
their website at:
www.courts.state.co.us
It is important to note that when you file for divorce,
Colorado law provides that a type of temporary
restraining order can automatically arise. The “Petition
for Dissolution” can include language that has been set
out by statute to outline this temporary restraining
order. This statutory injunction restrains both parties
from:
-
Transferring, concealing
or in any way disposing of marital property without
the consent of the other party or an order of the
court, except in the usual course of business or for
the necessities of life;
-
Molesting or disturbing
the peace of the other;
-
Removing the minor
child(ren) from the state without the consent of the
other party or order of the court and;
-
Canceling, modifying or
allowing to lapse for non-payment any type of
insurance that covers the parties and/or their
children
This automatic temporary
injunction is enforceable by the district court and
overrides any other type of restraining order previously
in effect.
Review additional Colorado
divorce law information by using the links in the upper left
or
Ask our Colorado divorce lawyers a legal question
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