There’s a difference between a restraining order vs protection order in Colorado. The terms are often used interchangeably, but they usually refer to different legal processes. A protection order most commonly arises in connection with a criminal case, while a restraining order generally refers to a civil court order requested by an individual seeking protection. Understanding the difference between civil restraining orders and criminal protection orders in Colorado can help you understand what restrictions may apply and what potential legal consequences exist if an order is violated.
Civil vs Criminal Protection Orders in Colorado
Courts in Colorado have the authority to issue orders that restrict contact between individuals when safety or legal concerns are present. These orders are designed to reduce the risk of harassment, intimidation, or further conflict during or after legal proceedings. Although the terms are frequently used interchangeably, the law typically recognizes two different categories of orders. One category involves civil restraining orders, which are requested directly by individuals through the civil court system. The other category involves criminal protection orders, which are issued within criminal cases when someone has been charged with an offense involving an alleged victim.
Colorado Civil Restraining Orders
A civil restraining order is a court order requested by an individual who believes they need protection from another person’s behavior. These orders are handled in civil court rather than criminal court, which means they are not tied to a criminal prosecution.
People can request civil restraining orders for a variety of reasons. In many situations, the request involves allegations of harassment, threats, stalking, or ongoing disputes between individuals who may or may not have a prior relationship. The legal process typically begins when a person files a petition asking the court to issue a restraining order. The judge will review the request and determine whether temporary protection should be granted before a full hearing takes place.
Colorado Criminal Protection Orders
While civil restraining orders are initiated by private individuals, criminal protection orders arise within criminal prosecutions. These orders are often issued automatically when someone is charged with a criminal offense involving an alleged victim. Colorado law requires courts to issue mandatory protection orders in many criminal cases. Under C.R.S. § 18-1-1001, courts must impose these orders to help protect victims and preserve the integrity of the criminal justice process.
In practice, a mandatory protection order is often issued at the defendant’s first court appearance after an arrest or criminal charge. These orders frequently include a no-contact provision with the alleged victim. In some cases, they may also impose additional restrictions intended to prevent intimidation, harassment, or further alleged criminal activity. It might also require the defendant to stay a certain distance away from the alleged victim’s home, workplace, or school. In some situations, the court may also impose firearm restrictions while the order remains in effect. Unlike civil restraining orders, criminal protection orders are typically tied directly to the progress of the criminal case. They often remain in effect while the case is pending and may continue as part of sentencing or probation conditions if the case results in a conviction.
Temporary Restraining Orders in Colorado
In many civil cases, the first step involves a temporary restraining order, often called a TRO. A temporary restraining order is designed to provide immediate short-term protection while the court considers whether a longer-lasting order is necessary. Judges may issue temporary restraining orders when the person requesting protection shows that there may be a risk of imminent harm, harassment, or intimidation. In many cases, this decision is made quickly and may occur without the other party present. However, temporary orders are not permanent. The court usually schedules a hearing within a relatively short period of time so that both parties have the opportunity to appear and present information. At that hearing, the judge will decide whether to dismiss the temporary order or convert it into a permanent civil protection order. The length and conditions of permanent civil protection orders can vary depending on the facts presented to the court. Some remain in place indefinitely unless a judge later modifies or dissolves the order.
Violation Penalties in Colorado
Violating a protection order or restraining order in Colorado can lead to new criminal charges. Colorado law treats these violations seriously because the purpose of these orders is to prevent harm or intimidation. Under C.R.S. § 18-6-803.5, violation of a protection order is a criminal offense. The law applies whether the order originated from a civil case or a criminal case.
A violation might occur if someone contacts the protected person, approaches restricted locations, or communicates indirectly through friends, family members, or social media. Even seemingly minor contact can sometimes be interpreted as a violation if it contradicts the terms of the court’s order. The potential penalties for violating a protection order can include fines, jail time, or additional court supervision. The seriousness of the penalties can depend on factors such as the nature of the original case, whether the violation involved threats or violence, and whether prior violations exist. Because of the potential consequences, individuals subject to a protection order should make sure they fully understand the specific restrictions imposed by the court.
Protection Orders & Criminal Records
Protection orders themselves are not necessarily criminal convictions, but they often appear within the records of a criminal case. If a criminal case is ultimately dismissed, individuals may later explore whether the case record could become eligible for record sealing under Colorado law. Eligibility for sealing depends on the type of charge involved and the outcome of the case.
Colorado statutes governing record sealing include C.R.S. § 24-72-706 and related provisions, which outline when certain criminal records may be sealed and the waiting periods that may apply. While sealing eligibility depends on many factors, individuals whose cases were dismissed may eventually have the opportunity to limit public access to those records.
Frequently Asked Questions
Are restraining orders and protection orders the same thing in Colorado?
The terms are often used interchangeably, but they usually refer to different legal processes. Civil restraining orders are requested by individuals through civil court, while protection orders are commonly issued within criminal cases.
How long does a Colorado temporary restraining order last?
A temporary restraining order generally remains in place until the court holds a hearing to determine whether a permanent order should be issued. This hearing usually occurs within a short time after the temporary order is granted.
What happens if someone violates a protection order?
Violating a protection order can result in new criminal charges under Colorado law. Depending on the circumstances, the penalties may include fines, jail time, or additional probation conditions.
Closing Thoughts
The terms restraining order and protection order are often used interchangeably, but in Colorado they usually refer to two different legal processes. Civil restraining orders are typically requested by individuals seeking protection through the civil courts, while criminal protection orders are issued as part of a criminal case involving an alleged victim. Both types of orders can impose significant restrictions on communication, movement, and behavior. Because violating a protection order may lead to additional criminal penalties, it’s important to understand exactly what the court has ordered and how those restrictions apply. If you are dealing with a protection order, probation restrictions, or questions about sealing a criminal record, speaking with a knowledgeable attorney at Cahill Criminal Defense can help clarify your options.