What Happens After You File a Restraining Order in Denver, Colorado
Filing a restraining order is an important step toward safety and peace of mind. Understanding what comes next can help you feel more prepared throughout the process in Denver, Colorado.
What this order generally does
A restraining order, also known as a protection order in Colorado, is a legal tool designed to limit contact and behavior of an individual who may pose a threat. It can include provisions to stop abuse, harassment, stalking, or threats. The order can require the person restrained to stay away from your home, work, or other places you frequent. It may also include temporary custody or child support arrangements if children are involved.
Who may qualify
In Denver, protection orders are available to people who have experienced domestic violence, harassment, stalking, or threats from someone they have a close relationship with, such as a spouse, former partner, family member, or someone living in the same household. Different types of restraining orders exist, including those for domestic abuse or harassment, so eligibility can vary based on circumstances.
Common steps in the filing process in Colorado
While local procedures may vary, here are typical steps after filing a restraining order:
- Filing the petition: You submit a written request at the court explaining why you need protection.
- Temporary orders: The court may grant a temporary order quickly to provide immediate protection until the full hearing.
- Service of papers: The restrained person must be formally notified of the order and hearing date by a third party, often a sheriff or process server.
- Hearing: A court hearing is scheduled, usually within a few weeks, where both sides can present information.
- Final order: Based on the hearing, the judge decides whether to issue a longer-term restraining order, which can last months or years.
What to bring
Preparing your paperwork and information can help the process go more smoothly. Consider bringing:
- Photo ID
- Any previous protection orders or legal documents related to your case
- Evidence supporting your request, such as text messages, photos, or police reports
- Contact information for witnesses or people who can support your case
- A list of important dates and details about incidents
- Pen and paper to take notes
What happens after filing
After you file, the court reviews your request and may issue a temporary restraining order immediately if there is reason for urgent protection. The restrained person will be served with notice of the order and the upcoming hearing date. During the hearing, both parties can present their side, and the judge will decide whether to continue, modify, or dismiss the order. Temporary orders remain in effect until this hearing.
It’s important to keep a copy of any orders with you at all times and to follow any specific safety recommendations provided by local agencies or advocates. Safety planning can include changing locks, informing trusted people about your situation, and having a plan for emergencies.
What if the order is violated
If the person restrained violates the order, such as contacting you when they should not, you can report the violation to law enforcement. Violations can have legal consequences, including arrest. Keep a record of any violations and reach out to local support services for guidance on next steps. It is important to prioritize your safety and avoid direct confrontation.
Frequently Asked Questions
- How long does the temporary restraining order last in Denver?
- Temporary orders typically last until the court hearing, which is usually scheduled within a few weeks of filing, but timelines can vary.
- Can I change or cancel my restraining order later?
- Yes, you can request modifications or cancellations through the court if circumstances change, but it is best to consult with a legal advocate about this.
- Will the restrained person be notified that I filed an order?
- Yes, by law the other party must be formally served with notice of the order and hearing to ensure they can respond.
- Can I get a restraining order without the abuser being present at the hearing?
- Yes, hearings can proceed even if the restrained person does not appear, but providing your evidence is important.
- Are there fees to file a restraining order in Denver?
- Filing fees can vary; some courts waive fees for protection orders. Check local court information or ask an advocate for assistance.
- What safety resources are available in Denver after filing?
- There are community organizations, shelters, and counseling services that can provide support. Connecting with local advocates can help you access these resources.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.
Taking the step to file a restraining order is significant, and knowing what to expect afterward can help you navigate the process with greater confidence. Remember, support is available in Denver to assist you through each stage.