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The Difference Between a Criminal Protection Order and a Civil Protection Order in Colorado?

| Apr 9, 2018 | Protection Order |

retrainingorder.jpgDifferences Between Civil Restraining Orders and Criminal Restraining Orders in Denver Courts

Every person has the right to apply for a civil court temporary Restraining Order or a temporary Protection Order. A criminal Protection Order or Restraining Order is only given to victims and witnesses of crimes.  For a civil order, you just need to allege that you have been the victim of someone’s violence or threat of violence, and suggest that unless the person is restrained, you remain at risk. Once the person you want restrained is served, there will be a hearing set pretty quickly, where the other person can request a hearing on whether you are legally entitled to the order.

Criminal Protection Orders in Arapahoe County Courts

Protection Orders and Restraining Orders issued by Criminal courts in Arapahoe County are much easier to get, but they can only be given to victims of crime and witnesses of crimes. Not just anyone can get one. Most courts look blindly at the likelihood of success of the prosecution and give these orders out in every case. You can blame our legislators and victim support groups.

What is the Jefferson County, Colorado Law on Protection Orders and Restraining Orders?

C.R.S. 18-1-1001, the location for criminal court protection orders, and C.R.S. 13-14-102, the law where civil court protection orders and restraining orders is located, specifically define when and how someone gets a protection or restraining order in Jefferson County. Judges must follow this law. As I stated above, anyone can apply for a civil order for protection, but only witnesses and victims of crimes can get them. In all criminal cases, a criminal, 18-1-1001 protection order is issued.  Laws on Protection Orders and Restraining Orders.

Is There a Difference Between a Restraining Order and a Protection Order in Adams County?

The short answer is “no.” They are basically the same thing, and the words Restraining and Protection Order are used interchangeably in Colorado.

When Can a Protection Order or Restraining Order be Dismissed, Modified or Cancelled in Douglas County, Colorado?

A criminal protection order remains in effect until the case is over. Then, your criminal restraining order automatically terminates. Sometimes, an attorney can get the terms modified if it seems safe to do so to the judge.

A permanent civil protection order is not always permanent. After two years, you can apply to the court to have your civil restraining order dismissed or modified. The court will look at these factors to determine whether to modify or dismiss the order:

1. Whether the order has been in place for at least two years.

2. If you have served the protected party a copy of your motion to dismiss the Protection Order and notice of your hearing.

3. If you have been convicted of any crime against the protected party.

4. Whether there have been any violations of the restraining order.

5. The locations of the parties and whether contact is likely if the order is dismissed.

6. The position of the protected party on the request.

7. The severity of the original circumstances leading to the issuance of the order.

Call our experienced restraining order and protection order lawyers at 303-731-0719. Together, we can protect your future.