A Colorado civil protection order is a civil court order under Title 13, Article 14 of the Colorado Revised Statutes that restricts one person’s contact and conduct toward another when the court finds domestic abuse, stalking, sexual assault, or credible harassment.1Justia. Colorado Revised Statutes Title 13 Article 14 – Civil Protection Orders No criminal charges have to be filed for a court to issue one. The order can be granted on an emergency, temporary, or permanent basis, and violating it is a criminal offense on top of any federal firearms and immigration consequences that attach automatically.
What the Order Can Do
A protection order goes well beyond telling someone not to hit you. A judge can bar the respondent from any contact by any means, order them out of a shared home, prohibit them from possessing firearms or ammunition, and keep them away from the petitioner’s workplace or school. In cases involving children, the order can address temporary custody and set the terms of any exchanges.
District and county courts handle most protection order cases. Municipal courts can issue orders in limited circumstances.1Justia. Colorado Revised Statutes Title 13 Article 14 – Civil Protection Orders Once served, the order is entered into the Colorado Crime Information Center and the national NCIC database, so any officer in the country can see it and arrest a violator without a warrant.2Colorado Bureau of Investigation. Colorado Crime Information Center (CCIC)
Who Qualifies for One
You do not need to show a physical injury. Under section 13-14-104.5, the petitioner must demonstrate that the respondent engaged in domestic abuse, stalking, sexual assault, or unlawful harassment.3Justia. Colorado Revised Statutes Section 13-14-104.5 – Procedure for Temporary Civil Protection Order A credible threat or repeated unwanted contact can be enough. Judges look at the severity of any threats, the pattern of behavior, and whether the conduct has been escalating.
For a permanent order, the standard is preponderance of the evidence: more likely than not that the respondent’s conduct justifies the order. In sexual violence cases the court must find a risk of physical harm or a threat of psychological or emotional harm.4Justia. Colorado Revised Statutes Section 13-14-106 – Procedure for Permanent Civil Protection Orders Judges weigh police reports, witness testimony, text messages and emails, and any prior restraining orders between the parties.
Stalking has its own definition. Under section 18-3-602, stalking is repeated conduct — meaning more than one occasion — that would cause a reasonable person to fear for their safety or the safety of their immediate family. A direct verbal threat is not required; the court looks at the totality of the behavior.5Justia. Colorado Revised Statutes Section 18-3-602 – Stalking Domestic abuse covers violence, coercion, threats, or harassment aimed at someone with whom the respondent has or had an intimate or familial relationship.
The Three Tiers of Order
Emergency Protection Order
When courts are closed, law enforcement can call a judge and request a verbal emergency protection order. The judge has to find that there is imminent danger to the life or health of the person seeking protection.6Colorado Bureau of Investigation. Colorado Revised Statutes 13-14-103 – Emergency Protection Orders The respondent does not need to be notified first. It is a short bridge that holds until the next business day, when the petitioner can go to court and file for a temporary order.
Temporary Protection Order
The temporary order is the first court-issued order in a standard filing. A judge reviews the petition the same day it is filed and can grant the order on the paperwork alone if it shows sufficient evidence of danger. It stays in effect until the full hearing, which is usually set within 14 days.3Justia. Colorado Revised Statutes Section 13-14-104.5 – Procedure for Temporary Civil Protection Order If the judge denies the temporary request, the case can still move forward to a hearing on a permanent order.
Permanent Protection Order
A permanent order does not automatically expire, though either party can later ask the court to modify or dissolve it. A judge issues it after a full hearing where both sides present evidence. The court must find, by a preponderance of the evidence, that the respondent committed acts warranting the order and that without the order the respondent would continue the harmful behavior or retaliate against the petitioner.4Justia. Colorado Revised Statutes Section 13-14-106 – Procedure for Permanent Civil Protection Orders
How to File
You file a verified complaint in the district or county court where either party lives. The main form is JDF 402, the Verified Complaint/Motion for Civil Protection Order.7Judicial Legal Help Center. Step 1 – Fill Out the Paperwork If children need protection or you want temporary custody as part of the order, you also file JDF 404 (Affidavit Regarding Children). Include what you have: police reports, medical records, screenshots, witness statements.
The filing fee is $97, but courts waive it entirely for cases involving domestic violence, sexual assault, or stalking.8Judicial Legal Help Center. Step 2 – Deliver the Paperwork to the Court If your case does not qualify for an automatic waiver and you cannot afford the fee, you can file JDF 205 (Motion to Waive Fees). Waivers require household income below 125% of the federal poverty level or enrollment in benefits such as SSI, SNAP, or TANF.9Colorado Judicial Branch. Fee Waivers
Serving the Respondent
You cannot hand the papers to the respondent yourself. A sheriff, private process server, or other authorized person has to serve them, along with notice of the hearing and any supporting affidavits. If personal service fails despite diligent attempts, the court can authorize service by mail or publication. Improper service can delay the case or get it dismissed, which is why this step matters more than most petitioners realize.
The Permanent Order Hearing
At the hearing — usually within 14 days of the temporary order — both sides can present testimony, documents, and witnesses, and each can cross-examine the other’s witnesses. If the judge finds sufficient grounds, the temporary order becomes permanent, or the judge may issue a permanent order with different terms, such as supervised custody exchanges or restricted rather than prohibited contact.4Justia. Colorado Revised Statutes Section 13-14-106 – Procedure for Permanent Civil Protection Orders If the judge denies the petition, the temporary order expires immediately. A petitioner cannot be penalized for choosing not to attend, but the court will ask them to notify the respondent if they do not plan to appear. If the respondent fails to appear, the judge can still issue a permanent order based on the petitioner’s evidence.
Firearm Surrender
When the order includes a firearm restriction, the respondent must surrender all firearms and ammunition on a tight timeline set by statute:10Justia. Colorado Revised Statutes Section 13-14-105.5 – Civil Protection Orders – Prohibition on Possessing or Purchasing a Firearm
- Served in open court: within 24 hours, excluding weekends and legal holidays.
- Served outside of court: within 48 hours, excluding weekends and legal holidays.
The court can grant an additional 24 hours if the respondent shows they cannot comply within the standard window, and someone in custody at the time of issuance gets 24 hours after release. Firearms can go to a federally licensed dealer or a law enforcement agency, and the respondent has to file proof of relinquishment with the court.
A separate federal prohibition is often the harsher one. Under 18 U.S.C. section 922(g)(8), a person subject to a qualifying protection order cannot possess, receive, ship, or transport any firearm or ammunition anywhere in the country. The federal ban applies when the order was issued after a hearing with notice and an opportunity to participate, restrains threats or harassment of an intimate partner or their child, and either finds the respondent poses a credible threat or explicitly prohibits the use of force.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A violation carries up to ten years in federal prison.
Penalties for Violating an Order
Knowingly violating any term of a Colorado protection order is a class 2 misdemeanor, punishable by up to 120 days in jail and a fine of up to $750. The charge escalates to a class 1 misdemeanor — up to 364 days in jail and a $1,000 fine — in any of the following situations:12Justia. Colorado Revised Statutes Section 18-6-803.5 – Crime of Violation of a Protection Order
- The respondent has a prior conviction for violating a protection order or an equivalent municipal ordinance.
- The underlying order was issued based on an allegation of stalking.
- The parties were or had been in an intimate relationship.
Because domestic violence cases by definition involve intimate relationships, a first-time violation in that context is already a class 1 misdemeanor. The lower tier really only applies when the parties were never in an intimate relationship and the order was not based on stalking.
Indirect contact counts. Reaching out through a friend, a relative, or social media qualifies as a violation and can lead to arrest. If the violation involves threats, physical harm, or harassment, prosecutors can add charges like assault or stalking, each with its own penalties.
Immigration Consequences
For noncitizens, violating a protection order is a separate ground for deportation under federal immigration law. A person subject to a protection order who engages in conduct that violates the portion of the order involving credible threats of violence, repeated harassment, or bodily injury is deportable.13Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens This applies to both temporary and permanent orders and does not require a criminal conviction — the immigration court makes its own determination.
Effect on Custody and Related Cases
A violation can carry into family court. Judges in custody disputes routinely treat violations as evidence of ongoing risk, which can lead to restricted visitation or loss of custody. Courts can also modify the existing protection order to impose stricter conditions.
Enforcement Outside Colorado
The order does not stop at the state line. Under the Violence Against Women Act, every state and tribal jurisdiction must enforce a protection order issued elsewhere as if it were its own, provided the issuing court had jurisdiction, the respondent had reasonable notice, and the respondent had an opportunity to be heard (or will get one within a reasonable time for temporary orders).14Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders The protected person does not need to register the order in the other state first. Crossing state lines with intent to violate a protection order is a separate federal crime under 18 U.S.C. section 2262, with penalties that scale with the harm caused, up to life in prison if the victim dies.15Office of the Law Revision Counsel. 18 USC 2262 – Interstate Violation of Protection Order
On military installations, a civilian protection order has the same force and effect as it does in the jurisdiction where it was issued. Installations are required to maintain registration procedures, but a failure to register does not excuse military law enforcement from enforcing an order they know about.16Office of the Law Revision Counsel. 10 USC 1561a – Civilian Orders of Protection: Force and Effect on Military Installations
Changing or Ending an Order
Either party can ask the court to modify or dissolve a permanent order, but the threshold depends on who is asking.17Justia. Colorado Revised Statutes Section 13-14-108 – Modification and Termination of Civil Protection Orders The protected person, or their attorney, parent, or legal guardian, can request modification or dismissal at any time. Even when the petitioner asks for dissolution, the judge still evaluates whether lifting the order would create a safety risk.
Respondents face a higher bar. They must wait at least two years after the permanent order was issued, or two years after their last request to modify or dissolve was denied, before filing. If the permanent order was issued before July 1, 2013, the waiting period is four years. The respondent bears the burden of proving the order is no longer necessary. If the protected person objects, judges weigh that heavily and typically keep the order in place. A denial resets the two-year clock.