Civil protection orders are intended to promote safety, reduce violence and prevent serious harm or death. In Colorado, a civil protection order typically prohibits an abuser from threatening or harassing you, coming within a certain distance of your home or contacting you in any way. It may also order the abuser to stay away from your workplace, place of worship or other specific locations. The protection order can include minor children as protected parties and the Magistrate can enter orders regarding temporary responsibility for care and custody of the children which will remain in effect for up to 120 days. C.R.S. 13-14-102 (14)(e).
A temporary protection order is granted based on an "ex parte" hearing which means that the Magistrate hears only one side of the story. A hearing is set within 14 days, so that both parties will have an opportunity to present the facts to the court. At that time, the court will either dismiss the temporary protection order or enter a permanent protection order (PPO). The PPO is permanent with regard to the adults involved. However, if the restrained party has a legal parenting or custodial relationship to the children, then the PPO will expire in 120 days with regard to those children.
For this reason, it is important to open a child custody case (called an "allocation of parental responsibilities" in Colorado) immediately after requesting a permanent protection order. Opening such a case is necessary to secure court orders regarding the rights and responsibilities of each parent to care for the children over the remainder of their childhood. Failing to open a child custody case has sometimes resulted incidences of family trauma when one parent withholds the child from the other parent without justification.
If the restrained party violates the temporary or permanent protection order, it is a misdemeanor criminal offense. C.R.S. 18-6-803.5. The abuser does not have to assault or threaten you in order for there to be a criminal offense. Any contact, other than legitimate contact through an attorney, constitutes a violation of the protection order. This includes a message sent to you through the abuser's family members, your family, mutual friends, co-workers, messages posted on Facebook, Myspace, Twitter or any other method of contact.
Some individuals will obey the protection order. Others won't. If you have obtained a civil protection order, you need to be aware that sometimes an abuser will become angry in response to being served with the temporary protection order. You can plan ahead to maximize your safety by doing the following:
- Carry your protection order with you at all times. The police are more likely to make an arrest if they can easily verify that a protection order is in effect and it has been violated. Sometimes it is helpful to provide a copy to the principal at your children's school or to the security personnel at your place of work.
- Report any violation of the order to the police immediately. The abuser is not allowed to contact you in any way, either directly or through another person. Protection orders create boundaries and put distance between two parties in order to promote safety. The protection order is only effective if it is enforced.
- Retain evidence of any violation of the order. If the abuser contacts you by any means (including contacts by phone, text, email, chat, Facebook, MySpace etc.) note the time/ date and save any messages. Save the screen snapshot using Snagit or other methods, or simply print the screen onto paper. Keep any letters or packages mailed to you by the abuser, including the envelope. Take pictures of any damage done to your property, using a camera with a date/time stamp if possible. If you are injured, see a healthcare provider. Ask a friend or family member to take pictures of any bruises or visible injuries.
- Avoid making contact with the abuser. A protection order requires the restrained party to stay away from the protected party, not the other way around. You can't be arrested for violation of the order if you are the protected party. None the less, you are expected to refrain from deliberately contacting the restrained party.
- A protection order is only a small part of a comprehensive plan for safety. Take other practical steps to protect yourself and your children from violence. A victim advocate can help you to create a personalized safety plan and refer you to local resources for victims who need assistance with transitional housing, employment and counseling. Contact 1-800-787-3224 or the Family Violence Prevention Center for a referral to your local domestic violence prevention agency for assistance with safety planning.
