If someone’s words or actions have caused you to fear for your safety or the safety of your children, you may seek out legal remedy by getting a restraining order.
This is a civil court order that can accomplish the following:
- Removal of the person from your home.
- Instruct the person to stay away from your home, work, and other places you frequent.
- Grant you temporary care and custody of shared children.
- Instruct the person to refrain from contacting you or shared children or limiting that contact.
- Putting requirements in place regarding parenting time and access to shared children.
Getting a Colorado Restraining Order
There are two different types of restraining order in the state of Colorado. The first one that you will obtain is a temporary restraining order (TRO). A TRO lasts for up to 14 days and is granted by a judge after you explain your circumstances to them and fill out paperwork. These are nearly always granted the same day. Once you obtain the TRO, a sheriff's deputy or another individual will serve the order.
In order for a TRO to be effective, people must know that it is in place. It’s a good idea to provide certified copies of the order to employers, schools, daycare centers, and other places where unwanted contact may be attempted.
Once you receive a TRO, you will be given a court date. This is the date that you must return to court in order to make the order permanent (PRO). If you do not return to court, your TRO will be vacated along with any protections that were put into place. The person who you have obtained the restraining order against may attend the court hearing on the PRO and give reason as to why the order should not be made permanent. However, they are not allowed to communicate with you directly.
How Much Does a Restraining Order Cost?
A restraining order costs about $100. However, you may not be required to pay anything. Someone who is the victim of a crime such as sexual assault, domestic violence, or stalking can get a restraining order at no cost. If this applies to you, bring paperwork relevant to any criminal case to court with you.
Legal Help With Restraining Orders
If you believe you can obtain a restraining order without much resistance from the other party, you can probably take care of this yourself. Unfortunately, in many instances, that isn’t the case. When a spouse, boyfriend, or girlfriend is the subject of a restraining order, things can get complex and heated. This is especially true if a pending divorce or separation might be impacted by the existence of a restraining order, or if custody of shared children is an issue. Consulting a qualified family attorney may be a good idea.