When legal matters intersect with your personal safety, civil protection orders and restraining orders can be a useful tool to protect yourself. However, their purposes and legal applications differ significantly. Knowing these distinctions can help you safeguard your rights and well-being. If you're in Colorado and need help understanding these legal tools, Le Fleur Law LLC is here to help.
Attorney Annie Le Fleur is a seasoned litigator with years of courtroom experience. Known for her zealous advocacy and compassionate client care, she has the knowledge you need to move forward. This blog provides a breakdown of the key differences between civil protection orders and restraining orders, key Colorado laws, and how Attorney Le Fleur can help you protect your rights.
What Is a Civil Protection Order?
A civil protection order is a legal directive issued by a civil court to safeguard individuals in challenging or potentially harmful situations. These orders aim to prevent ongoing or potential threats, particularly harassment, abuse, or violence. Often referred to as "restraining orders" in casual conversation, civil protection orders in Colorado serve a more specific role than their criminal counterparts.
Types of Civil Protection Orders in Colorado
These protection orders address a variety of circumstances. They provide you with access to legal remedies tailored to your needs. Understanding the various types of civil protection orders in Colorado can help determine which option is most suitable for your situation.
Emergency Protection Orders (EPOs): Issued by law enforcement or the courts when immediate action is necessary to protect someone from danger. These are typically short-term orders valid for up to 72 hours.
Temporary Protection Orders (TPOs): These orders are requested by individual persons and are granted temporarily, pending a formal court hearing. TPOs can last up to 14 days but may be extended by the court.
Permanent Protection Orders (PPOs): Following a hearing, a PPO may be issued for long-term protection and safety. Despite the name, these orders are not always "permanent" and can, in some cases, be adjusted or modified.
Civil protection orders don't carry criminal penalties unless the restrained individual violates the terms. Violations, however, are taken seriously and may result in criminal charges.
What Is a Restraining Order?
While the term "restraining order" is frequently used as a catchall term, in Colorado, restraining orders generally refer to criminal protection orders. These orders are issued in connection with a criminal case and aim to protect victims or witnesses during the course of legal proceedings.
Types of Restraining Orders in Colorado
There are several types of restraining orders in Colorado, each serving a specific purpose based on the circumstances of the case. Understanding these distinctions can help determine which order provides the appropriate level of protection.
Mandatory Protection Orders (MPOs): Issued automatically in many criminal cases, these orders aim to prevent harassment, intimidation, or harm to the victims or witnesses of a crime. MPOs remain in effect throughout the criminal court process.
No-contact orders: A specific form of criminal restraining order issued by a judge. These orders explicitly prohibit any form of contact between the restrained individual and the victim.
Violating a restraining order often attracts additional criminal charges, which improves their enforceability under Colorado law.
Key Differences Between Civil Protection and Restraining Orders
Civil protection orders and restraining orders differ primarily in their purpose and the legal proceedings through which they are issued. Both types of orders are designed to offer protection, but they differ in terms of their context and the authority they carry.
Civil Protection Orders
Civil protection orders are generally sought by individuals in civil court to prevent potential harm or harassment, often in situations involving domestic violence, stalking, or abuse. These orders do not necessarily require a prior criminal case to be in motion and are typically initiated by the victim as a proactive measure to ensure personal safety.
Civil protection orders can also cover a variety of conditions, such as prohibiting contact, mandating the abuser to vacate a shared residence, or even allowing temporary custody arrangements for children.
Restraining Orders
On the other hand, restraining orders are usually issued by criminal courts in response to ongoing or completed criminal cases. These orders are often directed at individuals who have been charged with or convicted of crimes, such as assault or harassment, and are designed to protect victims or witnesses from further harm.
The duration and terms of these orders may be contingent upon the progress of the criminal case, and violations often result in additional legal consequences.
Colorado Laws Governing Protection and Restraining Orders
Colorado provides various legal avenues for those facing threats or harm. The key laws and regulations you should be aware of under Colorado Revised Statutes Title 13 include the following.
Victims or potential victims can file for civil protection orders if they are being harassed, stalked, or are at risk of assault.
Temporary and permanent protection orders require evidence presented in civil court; violations can lead to criminal penalties.
Criminal restraining orders, such as mandatory protection orders, are generally issued under Colorado Revised Statutes 18-1-1001 and automatically apply to defendants in ongoing criminal cases. These orders prevent contact with victims or witnesses to promote a fair legal process.
Criminal Defense Attorney in Grand Junction, Colorado
If you or someone you know is in need of civil protection or restraining orders, you don't have to face the courts alone. Le Fleur Law LLC offers focused, empathetic representation to help protect your rights and priorities. Attorney Annie Le Fleur offers years of litigation experience and a steadfast client-centered approach to every case.
Known for her bold advocacy and innovative, forward-thinking strategies, she can provide the insight and confidence you need to take decisive steps toward your future. Located in Grand Junction, Colorado, she serves clients throughout Mesa County, Delta County, and Montrose County. Reach out today to schedule a consultation.
