Submitted by Clifton L. Black on Thu, 11/15/2012 - 16:08
What is a Civil Protection Order?
The simple answer is that a civil protection order (also known as a civil restraining order, restraining order, temporary restraining order, protective order, or permanent restraining order) is an order by the court requiring the restrained party (also known as the defendant or respondent) to stay away from the petitioner (also known as the plaintiff, protected party, or protected parties), and stay away from locations that the protected person is likely to be, i.e. home, school, and work. Although similar, this is not to be confused with a mandatory restraining order issued through a criminal case. In a criminal case, an individual person does not request a restraining order.
In more detail, a court may order:
a. The restrained party to not threaten, retaliate, harass, molest, harm, annoy or injure any protected party or a protected party’s minor children.
b. That the restrained party may not contact the protected party by direct or indirect contact, including contact through mail, texts, E-mails, instant messages, telegrams or through third parties. One exception is that an attorney can contact the protected party for reasonable issues.
c. The restrained party from going to physical locations where the protected party is likely to be found like the family home or home of another, school, school of minor children, work place and also to require the restrained party to exit any location where the parties may run into each other like grocery stores, restaurants, gas stations, etc.
d. That any minor children be awarded to either party for temporary care and control.
e. That the restrained party not take action regarding pets of the protected party, the pets of the minor children of the protected party or the pets of elderly people or at risk adults involved in the case or hearing. This includes taking, transferring, disposing, concealing, or harming the pets of the people mentioned above.
f. A temporary injunction preventing the restrained party from discontinuing payments such as mortgage, rent, insurance, utilities, health care, and child care.
g. A temporary injunction preventing the restrained party from affecting the real estate or personal property. For example, the court may order that the defendant not be allowed to sell, transfer, trade, encumber, lien, or conceal any real estate or personal property that is at issue. For example, the court can order that property involved in marriage or possibly owned by a party be protected.
h. An accounting of any extraordinary expenses beyond normal living expenses for shared or martial funds.
To review the laws regarding protective orders, click on the Colorado Revised Statutes:
13-14-102. Civil Protection Orders – legislative declaration
13-14-103. Emergency protection orders
13-14-104. Foreign protection orders
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