Protection orders are serious business because of their drastic effects.
In Colorado, the person who requests a protection order is called the “protected party,” and the person against whom the protection order is issued is called the “restrained party.”
A person may request a protection order on an “ex parte” basis, meaning that the other side does not need to be notified that the request is being made and is usually not present when the court listens to the request for the protection order. Based on the testimony of the protected party, the Court may issue a temporary protection order (“TPO”).
A TPO often prohibits the restrained party from being within a certain distance of the protected party or at any place where the protected party is found, excludes the restrained party from the protected party’s home and place of business and precludes the protected party from possessing a firearm. If there are children, TPOs sometimes prohibit contact or permit only supervised contact with the children.
At the permanent protection order (“PPO”) hearing, the protected party must prove the allegations that were initially made and also prove that the restrained party is likely to continue engaging in these actions unless a PPO is issued. Once issued, PPOs remain in effect indefinitely; however, after a statutory waiting period, the restrained party may request that the court dismiss the PPO.
Violations of TPOs and PPOs result in arrest and a possible jail sentence. For more information about protection orders, contact Tony Jarrett, Denver-area family law attorney today, 720-739-3979.