Step 2 to Get a Restraining Order

August 12, 2020 | Bill Henry

It’s important to understand the process to obtain a restraining order in Colorado – whether you’re seeking one or one has been sought against you.

In this article, we discuss the second step to obtain a restraining order.

Questions about a Restraining Order? 

Set up a free case assessment with one of our attorneys when you call 303-688-0944. You may also schedule the meeting on your own when you click here.

restraining order

In an earlier article, we covered the process to obtain a temporary protection order, as well as the court setting a hearing within 14 days of the temporary order issuance.

Serving the Restraining Order

Once you obtain that temporary order and hearing date, the respondent, or the restrained party, must be personally served with a copy of the protection order.

The individual must also be made aware of the date, time, and location of the permanent protection order hearing.

A personal service must deliver the protection order to the restrained individual.

Without personal service it won’t work.

The Permanent Restraining Order Hearing

At the permanent protection order hearing, the court will conduct a two-part analysis, hearing evidence and testimony.

What Must be Proven in Court

The court must determine by a preponderance of the evidence that:

  • the restrained party has actually committed the acts alleged in the verified complaint;
  • unless restrained, the person will continue to do those acts.

If both of these elements are satisfied, the court will grant a permanent protection order.

Postponing the Hearing 

At that protection order hearing, it is possible to request a continuance.

Both parties are entitled to a one time, 14-day continuance.

Extending the Temporary Restraining Order

If the parties agree, you can also continue the temporary protection order for no longer than one year.

Extending the temporary restraining order can allow an opportunity for the dust to settle and tempers to cool to see if the order should be made permanent.

Have Questions about Restraining Orders? 

Whether you need help to obtain a protection order or a temporary protection has been set against you, we have attorneys who can handle your case. If you are in immediate danger, dial 911. 

Call 303-688-0944 to set up a case assessment. We answer the phones 24-7. You can also arrange your meeting when you click here.

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