Civil Protection Order (Permanent Protection Order):

A permanent civil protection order (PPO) is obtained through a civil court process, whereby the person seeking the protection order, called the petitioner, files a verified complaint/motion with the court against a specific person (respondent) and then goes through a two-step hearing process. The first step is a hearing where the petitioner/plaintiff alone (ex parte) is seen in front of a judge or magistrate to obtain a temporary protection order (TPO) under C.R.S. 13-14/104.5. The court looks to see that it has the proper venue and jurisdiction (whether it can hear the case and is the proper court to decide the matter, and then decides if there is a preponderance of evidence to show that there is an imminent danger to the petitioner’s life or health in order to grant the temporary protection order. If granted, the second step in the process is another hearing within 14 days of the initial hearing, where both the petitioner and the respondent are present, and the petitioner must prove, pursuant to C.R.S. 13-14-106, by a preponderance of the evidence that not only was there bad behavior by the respondent warranting the initial temporary protection order, and also that if the court does not make the temporary protection order permanent the respondent will continue to the bad behavior.

Civil protection orders, once they are granted are generally permanent in nature. However a civil protection order may be modified over time, and they can eventually be terminated. It is more difficult for the respondent/restrained party to modify a permanent civil protection order than it is for the original petitioner/protected party (C.R.S. 13-14-108). There are also additional consequences of being placed on a protection order, one of which is that restrained party becomes a prohibited person under both federal and state law in regard to owning or possessing firearms or other weapons.

There are a lot of details and issues which go into both the issuance of, or defense of a civil protection order. Having a skilled attorney to help you navigate the process, the filings, and all of the evidentiary issues is a huge help in either being awarded a permanent protection order or defending against one.

Emergency Protection Order:

A verbal emergency protection order is also allowed under Colorado law, under C.R.S. 13-14-103. While used less frequently than other forms of protection orders, a judge may issue an emergency protection order to protect an individual if the judge finds that “an imminent danger in close proximity exists to the life or health of one or more persons or that a danger exists to the life or health of the minor child in the reasonably foreseeable future” (C.R.S. 13-14-103(2)(a)). These protection orders are often sought by police or other law enforcement on behalf of the protected party, and are eventually put into writing on behalf of the protected party.

Extreme Risk Protection Orders:

An extreme risk protection order, better known by the Red Flag Law moniker, is a more recent addition to Colorado law under C.R.S. 13-14.5-101 et seq. The purpose of the Red Flag laws popping up around the nation are to prevent high risk persons from having access to firearms. In Colorado this law is manifested in the form of an extreme risk protection order (ERPO), where a process exists for law enforcement, licensed medical and mental health professionals, licensed educators, district attorneys, family members, a person who has a child in common with the at risk person, a person who resides with the at risk person, a domestic partner of the at risk person, a child of the at risk person, a legal guardian, or any other person who has an intimate relationship with the at risk person can petition the court for the ERPO.

The court process for an ERPO is a two-step process, much like a civil protection order, whereby a petitioner from the group listed above files a petition and an affidavit with the court pursuant to C.R.S. 13-14.5-103, and then a hearing is held for the issuance of a temporary ERPO. This hearing is ex parte, meaning the at risk person/respondent is not present in the court when the TERPO is decided upon. The court looks at all relevant evidence presented by the petitioner, and if “the court finds by a preponderance of the evidence that, based on the evidence presented pursuant to section 13-14.5-105 (3), the respondent poses a significant risk of causing personal injury to self or others in the near future by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm, the court shall issue a temporary extreme risk protection order (C.R.S. 13-14.5-103(3)). The next step is a full hearing on whether the ERPO should be granted, and this hearing must be held within 14 days of the temporary ERPO hearing. The petitioner must also have the respondent personally served with the temporary ERPO and notice of the hearing.

The ERPO hearing, pursuant to C.R.S. 13-14.5-105 set out the process for the full ERPO hearing. The burden of proof is higher at this hearing, meaning the petitioner must prove by clear and convincing evidence that based upon all of the evidence presented “that the respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm” (C.R.S. 13-14.5-105(2)). If the burden is met, then the court can issue the ERPO, and the ERPO will be in full effect for the next 364 days. In making their decision the court will take into account the mental health of the respondent pursuant to C.R.S. 27-65-107, and if the court finds that the respondent meets the standards for emergency commitment under C.R.S. 27-81-111, the court can also issue an order for emergency commitment for the at risk respondent.

While an ERPO may be a very good tool for dealing with those who are truly mentally ill or who are truly a risk to themselves or others, there is also room for abuse of this process, and the consequences of an ERPO being granted against a person bring about a whole host of issues, most of which are very difficult to overcome. The most significant issue is that a person can lose their Second Amendment rights to own and possess firearms or other weapons, even before there is a formal hearing in which they are allowed to participate in. This means a person can lose all of the firearms and their right to own or possess firearms based solely on the word of another person, and the alleged at risk person has no due process rights until after all the firearms are already taken from them.

Mandatory Protection Order (Criminal Cases):

A Mandatory Protection Order (MPO) is a protection order issued in all cases where a Title 18 charge has been levied against a defendant, pursuant to C.R.S. 18-1-1001. This means, if you are charged with a criminal charge under any part of title 18, such as an assault or harassment charge, then a mandatory protection order will be put into place. In all cases where a mandatory protection order is put into place, the restrained party will be prohibited from harassing, molesting, intimidating, or retaliating against, as well as not being able to tamper with the named victim(s) or any witnesses to the act charged for that entire period of the case, which can include the entire time a person in placed into jail or on probation after the case is resolved. An additional effect of the MPO is that the issuance of the MPO creates a situation where the restrained person/defendant is a prohibited person in regard to the ownership or possession of any firearms or other weapons. This means that during the pendency of the case, a defendant cannot own or possess any weapons, even if the District Attorney is not seeking to take away their weapons. These protection orders can also prohibit the defendant from living in their home, having contact or any other communications with the victim/protected party, and there are a host of other restrictions the court can impose upon the defendant once a protection order is put into place. An MPO may also be modified by the parties, once put into place.

If you find your self in need of assistance with any form or protection order, or if you need assistance with getting a protection order, please call the firm at (303) 552-1720, or click on the button below to set up a consultation appointment.