Getting a Protection Order

A Subpoena must be served no later than 48 hours prior to the appearance date.

A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a deposition, hearing or trial.

A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one of the parties to require the witness to bring certain documents or evidence in their possession with them to a deposition, hearing or trial.

A Court hearing or trial must be set prior to requesting the clerk to issue a Subpoena.

For additional information, please review C.R.C.P 345.

Getting a Protection Order

Civil Protection Order

Protection Orders, also called Restraining Orders, are orders to stop specific acts against everyone named in the restraining order as a “Protected Person.” Some of the things that the restrained person can be ordered to:

A Temporary or Permanent Civil Protection Order may be issued against an adult or a juvenile who is ten years of age or older.

Filing Civil Protection Order

The case can be filed with the court in any county where the incident(s) occurred, or in any county where one of the parties resides, or in any county where one of the parties is employed.

Step 1: JDF 402

Fill out JDF 402 Verified Complaint/Motion for Civil Protection Order.

Complete all necessary information on the form. Be specific and provide complete information about why you want a Protection Order. Explain what happened in your own words. If you want to have your address left out of the pleading, check box #6 on the Complaint/Motion. The JDF 402 Complaint/Motion must be signed in the presence of a Notary Public, or you can sign it in front of a Court Clerk when you file it with the court.

Step 2: JDF 442

Fill out JDF 442 Information Sheet for Registering a Protection Order.

Complete this form and attach it to the JDF 402 Verified Complaint/Motion for Protection Order. It is important that the information be complete and accurate for enforcement of the Protection Order.

Step 3: JDF 404

Fill out JDF 404 Affidavit Regarding Children if a child or children are involved.

If you are planning to ask for temporary care and control, interim decision-making, or parenting time for the child or children, or a Protection Order for the benefit of any minor child, you must complete JDF 404 Affidavit Regarding Children Pursuant to C.R.S.14-13-209.

Step 4: JDF 401

You may fill out JDF 401 Incident Checklist, but it is not required. You may complete this form to help you prepare for your hearing. You may keep it or you may file it with your JDF 402 Verified Complaint/Motion. If you do file this form, it will become a part of the public record and will be served on the other party as a part of the Complaint/Motion.

Step 5: File

File your documents with the court.

Filing Fees

The Court may charge a filing fee to the person seeking a Civil Protection Order. A filing fee is required except when the person seeking a protection order is a victim of domestic abuse, domestic violence, stalking, sexual assault or sexual abuse. The court shall provide the necessary number of certified copies at no cost to petitioners in this case. If the person seeking a Protection Order is not required to pay the filing fee, the Court may require the restrained person to pay the filing fee, service-of-process fees and attorney fees at the Permanent Protection Order hearing.

Temporary Protection Order

The Hearing

You may be asked questions by the judge about your request to obtain a Temporary Protection Order and any issues regarding the child(ren), if that applies. If the Court grants your request, you will be given a written Temporary Protection Order.

When you get the Temporary Protection Order document, you'll need to do the following:

Personal Service

Once you receive a Temporary Protection Order, you are required to complete personal service on the restrained person with a copy of the Complaint/Motion, the Temporary Protection Order and the Affidavit/Certificate of Service. This must be done prior to your Permanent Protection Order hearing or prior to the next hearing date set by the Court. The Permanent Protection Order hearing is usually set within 14 days from your Temporary Protection Order hearing, or the Court may set a future hearing date to address parenting time and decision-making responsibilities for the child(ren), if that applies.

Tips:

Permanent Protection Order

The Hearing

If you do not appear at the Permanent Protection Order hearing or the next hearing date set by the Court, your Temporary Protection Order will automatically expire and you will no longer have a Protection Order. If you obtained a Temporary Protection Order, you must bring the original Affidavit/Certificate of Service with you and submit it to the Court. If the Court grants your request, you will be given a written Permanent Protection Order.

When you get the Permanent Protection Order document, you'll need to do the following:

Eviction and Victims of Domestic Violence, Domestic Abuse, Illegal Sexual Behavior, and Stalking

Landlord cannot include in a lease a penalty against a renter for calling the police or for other emergency assistance because of a domestic violence, domestic abuse, illegal sexual behavior, or stalking situation. The renter in a lease may tell the landlord in writing that they want to end the lease because he/she is a victim of domestic violence, domestic abuse, illegal sexual behavior, or stalking and they are afraid of imminent danger to themselves or children because of the domestic violence, domestic abuse, illegal sexual behavior, or stalking.

The renter must provide 1 of the following to the landlord that shows he/she is a victim of domestic violence, domestic abuse, illegal sexual behavior, or stalking.

For a victim of stalking the written report should be from a person who helped the victim with the stalking case, instead of a medical professional if a medical professional wasn’t involved.

The victim may still have to pay for some part of the lease, including 1 month’s rent after leaving the rented apartment/house and/or removing all his/her things, to be paid to the landlord 90 days after the renter leaves the house/apartment. See § 38-12-402 (2) (b), C.R.S.

What you need to know about Temporary and Permanent Protection Orders

If you were served with a Temporary Protection Order you must appear at court on the date and time that is on the Order. If you don't appear on that court date, the Temporary Protection Order may be changed to a Permanent Protection Order by the judge.

If, after the issuance of the Permanent Protection Order, you have been convicted of or plead guilty to any misdemeanor or felony against the protected person(s), other than the original offense that formed the basis for the issuance of the Protection Order, then the Permanent Protection Order remains permanent and must not be modified or dismissed by the Court. It is important to understand that any violations after the Permanent Protection Order is issued are taken into consideration.

You must complete a fingerprint-based criminal history check before filing a motion to modify or motion to dismiss the Permanent Protection Order. The Court will not consider the motion unless the fingerprint-based criminal history check is done within 90 days prior to the filing of the motion.

It is your responsibility to prove that a modification of the Protection Order is appropriate, or that dismissal of the Protection Order is appropriate because the Protection Order is no longer necessary.

Dismissing a Civil Protection Order

Dismiss or modify a Protection Order You Filed

The protected person, or the protected person’s attorney, parent, legal guardian (if a minor), or an appointed Conservator for the protected person may ask the court at any time to modify or dismiss a Protection Order. The protected person may ask for any modification, included but not limited to a modification of the duration of the Protection Order or a dismissal of the Protection Order.

If the restrained person has been convicted of or pled guilty to any misdemeanor or felony against the protected person after the date the Protection Order was issued, other than the original offense that formed the basis for the issuance of the Protection Order, then the Protection Order remains permanent and must not be modified or dismissed by the Court.

Steps to file the Motion to Modify or Dismiss Temporary or Permanent Protection Order:

Step 1: Forms

JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order

JDF 410 Order Modifying Protection Order

JDF 415 Order Vacating Protection Order

Complete all necessary sections on form JDF 397 Motion to Modify or Dismiss Temporary or Permanent Protection Order. Use the same case number that is listed on your original Temporary or Permanent Protection Order paperwork. The JDF 397 form must be signed in front of a Court Clerk or Notary Public. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank. Make two complete sets of copies of the paperwork listed above. Complete the caption (top part of form) on forms JDF 410 Order Modifying Protection Order and JDF 415 Order Vacating Protection Order. Use the same case number that is listed on your original Temporary or Permanent Protection Order paperwork.

Step 2: Provide

Provide the Court with the documents above.

The clerk will fill in the date and time for the hearing.

Step 3: Service

Complete personal service on the other party. This can be done by the sheriff, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service. Be sure to direct the sheriff, private process server, or person serving the documents to return the original and a copy of the Affidavit/Certificate of Service to you and then file the original with the Court before the date of your hearing.

Step 4: Prepare

Be prepared for the hearing. You may be asked questions about your request to modify or dismiss your Protection Order.

Dismiss or modify a Protection Order Against You

Step 1: Time

If the Protection Order was filed on or after July 1, 2013:

If the Protection Order was filed before July 1, 2013:

Step 2: Violations

Step 3: Fingerprints & Criminal History Check

Schedule an Appointment

In the fingerprint card you receive after scheduling an appointment:

Provide the required information to the CBI and the FBI. Allow up to 13 weeks to process the criminal history check from the FBI. It can take up to 4 weeks to receive your criminal history check back from the CBI. The criminal history check results must be dated within 90 days prior to the filing of the Motion. For this reason, it is best to mail your FBI fingerprint card, wait 7 - 9 weeks, and then mail or hand-deliver your CBI fingerprint card. You will then be provided with a full report from both agencies.

The FBI requires an Applicant Information Form to be submitted along with the fingerprint card. This Applicant Information Form, along with additional information regarding FBI requests, can be obtained at the following link: https://www.fbi.gov/services/cjis/identity-history-summary-checks. Mail the completed fingerprint card and Applicant Information Form to the FBI at Criminal Justice Information Services (CJIS) Division, Attn: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306, along with a certified check or money order for $18.00. Do not fold the fingerprint card. You can also contact FBI customer service at 304-625-5590.

Mail or hand-deliver your completed CBI fingerprint card to the CBI at 690 Kipling, Denver, Colorado 80215, along with a money order. Do not fold the fingerprint card. If you hand-deliver the fingerprint card, you can also pay by cash. The following link will give you information about obtaining a CBI background check as well as the fees charged: CBI - Criminal History Record Information and Fees. You can also contact CBI at 303-239-4208.

If you have a felony conviction recorded in Colorado or any other state, and you know that it is inaccurate, it is your responsibility to obtain the disposition information from the court where such action occurred as identified in the CBI and FBI reports.

You are also responsible for providing certified copies of any criminal dispositions that are not reflected in the CBI or FBI records, and any other dispositions which are unknown, by contacting the agency where such actions occurred.