County Court Restraining Orders

1 Answers to Your Questions AboutExcellence in Customer ServiceColorado Judicial 2002 County CourtRestraining OrdersCIVIL LAWIn a civil case, the person seeking the Restraining order is the petitioner. The person who is being restrained isthe victim of domestic violence, or any victim of violence or one who is in fear of personal harm, may go to civilcourt to get a Restraining order , which is enforceable statewide and are two stages for getting a Restraining order in Colorado: First, you must obtain a temporary Restraining order (TRO). The TRO lasts up to 14 days. It will state thedate and time you must return to make the order permanent (the permanent hearing).

2 Second, you must return to Court on the date indicated on the TRO for the Court to issue a permanent restrain-ing order (PRO).If you do not return at this time, the TRO will expire. It will no longer protect you or yourchild. Once you obtain a PRO, the length of the PRO is at the discretion of the judge (except the part aboutchildren, which lasts no more than 120 days). The PRO is enforceable wherever you of civil Court Restraining Orders : Speedy relief. A judge usually can decide a TRO on the same day you request it. No attorney necessary. You do not need an attorney to get a TRO. Personal protection.

3 A Restraining order can do a lot morethan order the defendant not to harm you. It canremove the respondent from the home; give you temporary care & control of your children; order the de-fendant to stay away from your work and/or home and order defendant not to call; set parenting time arrange-ments; deny parenting time if the children are being harmed; and provide safety during the drop-off and pick-up of children. Ease. A Restraining order is relatively easy to obtain. You need only show that violence or threats of violencemost likely took place. Filing criminal charges or calling the police is not usually of civil Court Restraining Orders : The burden of dealing with the legal system is on you.

4 You are the one who goes to Court and tells your storyto the judge. Be prepared to deal with paperwork. You may decide you need to hire a lawyer to assist you withyour case. The respondent will not go to jail as a result of the Restraining order . However, violation of a Restraining orderis a crime. You will need to arrange for the order to be served on the respondent. You may take the order to the sheriff sdepartment to be served. There is a fee for service only for those who are not a victim of domestic violence,domestic abuse, sexual assault, or DO YOU GET A CIVIL Restraining order ?

5 Local law enforcement have procedures to obtain an emergency protective order on your behalf when the courtsare not open for regularly scheduled business. Otherwise, during regular business hours, every County Court hasa time and place for Restraining order hearings. Your local domestic violence program can provide this informa-tion and can help you fill out the forms. Also, you can call the office of the clerk of Court and ask when andwhere to get a is no fee to file a TRO, nor may the Court charge you for certified copies, if you are a victim of domesticviolence, domestic abuse, sexual assault, or stalking.

6 The Court may charge a fee for filing if it determines youare not seeking the TRO as a victim of domestic violence, domestic assault, sexual assault, or stalking. If youare requested to pay and cannot, you will need to fill out a motion to waive costsform. The Court must eitherwaive the fee or allow you to pay get a Restraining order :You must be able to state that the defendant hurt or threatened to hurt you and that you are in imminent (likely)danger of further abuse or threats if the order is not TEMPORARY Restraining order (TRO)When you go to Court , you will fill out a complaintand other forms.

7 After you complete the forms, you willhave a hearing in person before the judge. This usually happens the same day. The defendant will not be the complaint, you must give specific information about the abuse what happened; when it happened; whoelse, if anyone, was there; and whether any children were there at the time. Include abuse that happened in judge can order the defendant to stay a specific distance from your residence (even if it is the family residence or if the title/lease is in the defendant s name); from your job; from your children s day care or school; from friends or family places; from public places where you go CAN YOU DO ABOUT THREATS?

8 If the defendant does anything prohibited by the TRO after it is served, the defendant has broken the law callthe police. When you go to the PRO hearing, tell the judge what the defendant has the judge about threats made to stop you from going to Court , to take or harm the children, to withholdmoney for your support, or threats against your family or TRO is in effect while you are in the courthouse. The defendant cannot speak to you while waiting for thehearing. If the defendant attempts to do so, immediately tell the bailiff, Court clerk, or officers and deputy sheriffs can serve the defendant witha TRO after a 911 call when the defendant is with you.

9 Theywill give one copy of the TRO to the defendant and return oneto you. Their signature is your Proof of Service, and you mustbring the signed TRO with you when you return to Court for HEARINGYou must return to Court on the date ordered by the Court . You must be on time. If you cannot arrive at the courton time, call the clerk of Court s office. Give your name and number of your case, and explain why you cannotget to Court on time. The Court may grant you an extension. However, if the judge calls your name and you arenot there and have not made arrangements with the Court clerk, the judge will vacate (cancel) your TRO.

10 Youwill not be able to get another TRO unless the defendant does something new to threaten or harm the defendant does not make an appearance in Court and if you are still afraid, the judge should grant yourrequest for a Permanent Restraining order (PRO). Bring your Proof of HAPPENS AFTER YOU GET THE TEMPORARYRESTRAINING order ?You will need copies of the TRO. You may be required to pay for certified copies to be served on the respon-dent/defendant if the Court determines the TRO is not to prevent domestic violence, domestic assault, sexualassault, or should keep one copy with you always.