When someone has threatened you, hurt you, or will not leave you alone, asking a court for help takes courage, and you should not have to figure out the process by yourself.
The Law Office of Andrew Bryant helps people in Colorado Springs and across El Paso County request civil protection orders, and this page is written for you, the person seeking protection.
Our Colorado Springs protection order lawyers prepare your request, present your evidence at the permanent hearing, and tell you honestly how long each step takes.
A temporary protection order can often be granted the same day you file, and a permanent order can follow after a hearing roughly two weeks later. If you are thinking about filing, or you already have a temporary order and a hearing date, call (719) 634-7353 for a free consultation.
Rooted in Colorado Springs and the El Paso County Courts
The Law Office of Andrew Bryant is a Colorado Springs firm led by founding attorney Andrew Bryant, with its main office at 805 S. Cascade Ave., less than a mile from the El Paso County Judicial Building where protection order requests are filed and heard.
Our attorneys work in those courtrooms on protection order hearings and on the divorce and custody cases that often follow them.
The firm also serves the Denver metro from a second office in Greenwood Village. Whichever office you reach first, the initial consultation is free.
Who Can Get a Protection Order in Colorado?
You can ask a Colorado court for a civil protection order when the other person’s conduct falls into one of the categories the law recognizes. Under C.R.S. 13-14-104.5, a court may issue an order against an adult, or a juvenile age 10 or older, to prevent:
- Assaults and threatened bodily harm
- Domestic abuse by a current or former intimate partner
- Sexual violence
- Stalking
- Emotional abuse of an elderly person or an at-risk adult
To grant a temporary order, the judge must find a risk or threat of physical harm, or a threat of psychological or emotional harm, to you or the people you want protected. That standard is broader than the older “imminent danger” test that some online guides still describe.
Filing for a Protection Order in El Paso County
In El Paso County, you file your request with the Clerk’s Office at the El Paso County Judicial Building, 270 S. Tejon St., and a judge or magistrate usually hears it the same day if you file before the cutoff.
You may also file in any other county where the incidents happened or where either of you lives or works.
Where and When to File
The Clerk’s Office is in Room S101. The court currently sets a 2 p.m. cutoff for same-day temporary protection order requests and hears that docket in person later in the afternoon, so plan to spend most of the day at the courthouse.
Because these procedures change, check the court’s current hours before you go.
What It Costs
There is no filing fee when you are seeking protection from domestic abuse, stalking, sexual assault, unlawful sexual contact, or abuse of an elderly or at-risk adult.
Other requests carry a county court filing fee, and the judge may order the restrained person to pay it at the permanent hearing. Having the sheriff or a private process server deliver the papers can involve a separate service fee.
What to Bring
The main form is the Verified Complaint/Motion for Civil Protection Order (JDF 402), and the clerk and judge will need specific information to act on it. Gather these before you go:
- The other person’s full name, date of birth, and a physical description
- Home and work addresses where that person can be served
- Dates and details of the most recent incident and any earlier ones
- Texts, emails, voicemails, photos, medical records, or police reports that support your account
- Your children’s names and birthdates, plus the Affidavit Regarding Children (JDF 404), if you want the order to address them
Write the incident details plainly and in order, because the restrained person will be served with a copy of your complaint.
Temporary vs. Permanent Protection Orders: What the Calendar Really Looks Like
A temporary protection order lasts until your permanent hearing, which the court must set no more than 14 days after the temporary order issues. In practice, the timeline often runs longer, and it helps to know why before you walk in.
Serving the Temporary Order
Before the permanent hearing, the restrained person must be personally served with the complaint, the temporary order, and the citation to appear.
The sheriff, a private process server, or any adult who is not part of the case can handle service, and the signed Affidavit/Certificate of Service must come back to you. Carry the order and that affidavit with you, since officers may ask to see both.
When Service Takes Longer Than Expected
If the restrained person cannot be found in time, the court extends the temporary order and resets the hearing, and it keeps granting extensions as long as you show reasonable efforts to serve or that the person is avoiding service.
This is one reason a process the statute describes in two weeks can stretch well past that. Clients consistently underestimate how long protection order cases take, so we plan for delays from the start.
The Permanent Hearing
At the hearing, both sides can testify and present evidence, and the judge decides whether to make the order permanent, continue the temporary order for up to one year, or dismiss it.
If you do not plan to appear at the permanent hearing, you should notify the court. Colorado law does not require the petitioner to attend every permanent protection order hearing, but failing to appear can affect the evidence available to support your request.
Emergency Orders When the Courthouse Is Closed
If you are in danger right now, call 911. At night or on weekends, a police officer can ask an on-call judge for an emergency protection order under C.R.S. 13-14-103.
That order expires at the close of the court’s next business day unless the court continues it, so you still need to file for a temporary order once the courthouse opens.
What Can a Colorado Springs Protection Order Require?
A protection order can be tailored to your situation, and the judge may include any terms needed to protect you and your family. C.R.S. 13-14-105 lists common provisions, including orders that:
- Prohibit threats, harassment, and injury
- Bar contact by phone, text, email, social media, or in person
- Require the restrained person to stay a set distance from your home, work, school, and other places you name
- Exclude the restrained person from a shared home; under a temporary order, that person may return once, escorted by a police officer, to collect necessary belongings
- Protect your pets and other animals
- Award you temporary care and control of shared children for up to one year
- Require the restrained person to keep making payments, such as rent or utilities, that the person already had a duty to make
When the order rests on domestic violence involving the use, attempted use, or threat of physical force, the court must also order the restrained person to give up firearms and ammunition under C.R.S. 13-14-105.5.
That person has 24 hours to relinquish them if served in court, or 48 hours if served elsewhere, not counting weekends and holidays, and must file an affidavit with the court within seven business days.
How Does a Protection Order Affect Parenting Time?
A civil protection order can set temporary parenting arrangements, but it does not replace a full parenting plan.
The court can award one parent temporary care and control of shared children for up to one year, attach conditions to the other parent’s time such as supervision, and deny parenting time if no arrangement can keep the child and the protected parent safe.
How Long These Arrangements Last
The judge decides temporary care and control using the same child-focused standard that applies in Colorado custody cases.
Those terms end when a divorce or custody court enters its own order on the same subject, and when a domestic relations case is already open in district court, that court generally handles the parenting questions instead.
If you share children with the restrained person, expect the protection order to be the first of two cases and plan for both.
Civil Protection Orders vs. Mandatory Protection Orders
A civil protection order is one you ask for, while a mandatory protection order is created automatically when someone is charged with a crime under the Colorado criminal code. The two are easy to confuse, and you can have both at the same time.
| Question | Civil Protection Order | Mandatory Protection Order |
|---|---|---|
| Who starts it? | You, by filing a request with the court | The criminal court, automatically, under C.R.S. 18-1-1001 |
| When does it take effect? | When the restrained person is served or learns of it | At the defendant’s first court appearance or arraignment |
| How long does it last? | Until the permanent hearing as a temporary order, then indefinitely if made permanent | Until the criminal case ends, which includes finishing any sentence, probation, or parole after a conviction, unless the court changes it |
| Who can ask the court to change it? | The protected person at any time; the restrained person generally after two years | Only the criminal court |
| What is a violation? | Class 2 misdemeanor, or class 1 if the parties were intimate partners, stalking was alleged, or there is a prior violation conviction | Class 1 misdemeanor |
A mandatory order can end quickly if the charges are dismissed, which is one reason people also request a civil order. Your civil order belongs to you and does not depend on what happens in the criminal case.
What Happens If Someone Violates the Order?
Violating a protection order is a crime in Colorado, and police can arrest the restrained person once that person has been served or otherwise knows about the order.
Under C.R.S. 18-6-803.5, a violation of a civil order is a class 2 misdemeanor, and it becomes a class 1 misdemeanor in the situations shown in the table above.
What to Do If It Happens
Call 911 if you are in danger, and keep your order and proof of service with you so officers can act quickly. Save every message, voicemail, and screenshot, and write down dates, times, and witnesses while the details are fresh.
In a civil case, you can also ask the court to hold the restrained person in contempt.
Changing or Ending a Protection Order
As the protected person, you can ask the court to modify or dismiss your order at any time, and the order stays fully in effect until a judge signs a new one. The restrained person faces much stricter limits.
When the Restrained Person Asks
For orders filed on or after July 1, 2013, the restrained person must wait two years after the permanent order, or two years after a denied motion, before asking the court to modify or dismiss it.
That person must also submit a fingerprint-based criminal history check dated within 90 days of filing and prove the order is no longer needed, according to the court’s self-help guide.
If the restrained person has been convicted of, or pleaded guilty to, a new crime against you since the order issued, the court cannot modify or dismiss it.
Why People Seeking Protection Choose The Law Office of Andrew Bryant
Protection order hearings move fast, and the evidence you present at the first one can shape a custody case that follows.
The Law Office of Andrew Bryant handles both family law and criminal matters, so we understand how a civil order, a pending criminal case, and a parenting dispute affect one another. Here is what working with us looks like:
- Honest timelines from the first conversation, including what happens when service is delayed
- Preparation of your testimony, witnesses, and exhibits before the permanent hearing
- A clear plan for the next step if you share children with the restrained person
- Attorneys including Mark Galler, whose family law practice includes contested protection order hearings
- Leadership from Andrew Bryant, who prosecuted cases with the El Paso County District Attorney’s Office before founding the firm
Voted one of the top law offices and law firms in Colorado Springs by The Gazette for nearly a decade.
We never promise a particular result, because the outcome depends on the facts and the judge, but we present your side clearly and prepare you for the hearing. Call (719) 634-7353 to talk with our team about your situation.
FAQs About Colorado Springs Protection Orders
These answers address questions people in El Paso County often ask when they are deciding whether to file.
Do I need a lawyer to get a protection order in Colorado Springs?
No, Colorado’s protection order forms are designed so you can file on your own, and the El Paso County courthouse offers self-help resources.
An attorney becomes more valuable at the permanent hearing, where the other side may have a lawyer, cross-examine you, and call witnesses. Representation also helps when children, a shared home, or a pending criminal case are involved.
Is a restraining order the same as a protection order in Colorado?
Yes, in everyday use. Colorado statutes and court forms say “protection order,” but most people call the same order a restraining order.
In a Colorado divorce, a separate automatic temporary injunction also applies to both spouses once the petition is filed and served, limiting things like hiding marital property or taking the children out of state, and that injunction is not a protection order.
Do I have to be in a relationship with someone to get a protection order in Colorado?
No. A Colorado civil protection order can address stalking, assault, threats of bodily harm, and sexual assault by anyone, including a neighbor, coworker, acquaintance, or stranger.
A relationship matters for the domestic abuse category, which applies to current or former intimate partners, and it can raise the penalty if the order is violated.
Can a protection order be dropped if we get back together?
Only a judge can end a Colorado protection order, so it stays in force even if you reconcile or invite contact. The restrained person can still be arrested for violating it, because the order restricts that person’s conduct, not yours.
If your circumstances have changed, you can file a motion asking the court to modify or dismiss the order.
Does a Colorado protection order work in other states?
Yes. Federal law requires courts and police in every state, tribal land, and U.S. territory to enforce a valid protection order issued in Colorado, a rule known as full faith and credit.
Carry a certified copy when you travel, and consider registering it with a court in your new state if you move, although registration is not required for enforcement.
Talk With a Colorado Springs Protection Order Lawyer Before Your Hearing
If you are preparing to file, or you already have a permanent hearing on the calendar, now is the time to plan, while there is still room to gather evidence and line up witnesses.
Our team will walk you through each step at the El Paso County Judicial Building and tell you plainly what to expect. Contact us for a free consultation at (719) 634-7353.
Results depend on the specific facts of each case. This page provides general information, not legal advice.