For many, obtaining a restraining order can be essential in ensuring personal safety and well-being. In Colorado, these legal measures are taken seriously, and specific procedures are in place to help individuals seek protection from potential harm. Understanding these procedures can make the process smoother and more effective.
Types of Restraining Orders in Colorado
There are two primary types of restraining orders in Colorado:
- Temporary Restraining Order (TRO): This can be issued without the accused party (the respondent) being present in the courtroom. It becomes effective once served to the respondent and lasts up to 14 days, after which a Permanent Restraining Order hearing is held.
- Permanent Restraining Order (PRO): This order is typically issued after a hearing where both parties can present evidence and testimony. If granted, its duration is indefinite, but the respondent can request that the order be modified or dismissed after a specific period, typically about two years.
How to Obtain a Restraining Order
- Visit the local courthouse: The process begins at your county courthouse. You can request the necessary paperwork to file for a restraining order here.
- Complete the paperwork: This typically involves providing details about the incidents causing concern, any threats made, physical harm, or any type of abuse. Be as detailed and accurate as possible to better prepare for your hearing.
- Attend the hearing: Once you file the paperwork, a date for the Temporary Restraining Order hearing will be set. The judge will review your case, and if the TRO is granted, another date will be set for the Permanent Restraining Order hearing.
- Serve the papers: The respondent must be formally notified of the TRO and the PRO hearing. A law enforcement officer or a process server typically does this.
- Attend the PRO hearing: Both parties will present their side of the story, after which the judge will decide whether to grant a Permanent Restraining Order. At this hearing, the judge can order the hearing be set out a year later, if both parties agree that is the best course of action.
- Compliance with the order: Once granted, all parties must adhere to the terms of the restraining order. Violation of the order can result in criminal charges.
For those unfamiliar with the process, consulting with a knowledgeable legal professional can be beneficial to make sure that all steps are correctly followed and maximize the chances of obtaining the desired protection.
If you or someone you know is considering obtaining a restraining order in Colorado, don’t navigate this complex process alone. Contact a Colorado Litigation Attorney or a Colorado Litigation Lawyer at Baker Law Group.
With our expertise and dedication, we’ll stand by your side, ensuring your rights are protected and you receive the guidance necessary for peace of mind. Don’t wait; your safety and well-being are paramount. Please feel free to contact us today.