domestic abuse, restraining orders, restraining order, temporary restraining order, permanent restraining order, injunction, emergency protective order, TRO, PRO, EPO, child custody, domestic violence, criminal defense, Colorado Springs, Colorado, El Paso County, courts, court, lawyer, attorney

        The phrase injunction and restraining order may be used interchangeably.  A restraining order is a court order which prohibits certain behavior.  In domestic restraining orders, the person restrained is ordered to stay away from the protected person, usually by 100 feet, and to stay away from the protected person's residence and place of employment, and perhaps children.  If violated, sanctions or criminal charges may result.  Put another way, restraining orders are powerful and should be sought only when warranted by a factual basis of violence or immediate danger of violence which places the protected person in reasonable fear

CRS 13-14-101  Statutory Definitions. Civil Law - Injunctions
        1 ... irrelevant
        2 "Domestic abuse" means any act or threatened act of violence that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived in the same domicile, or with whom the actor is involved or has been involved in an intimate relationship. "Domestic abuse" may also include any act or threatened act of violence against the minor children of either of the parties.
        3 "Stalking" means the crime of harassment by stalking as described in CRS 18-9-111

        Proceedings may be initiated for a restraining order on the basis of domestic abuse.  Counsel may become involved in 3 circumstances, and the attorney's role will vary.
        1.  As an ancillary proceeding to defense in a criminal case regarding domestic violence.  In such event, counsel will represent only the defendant.
        2.  As an ancillary proceeding to dissolution of marriage or paternity or other family law pending case.  In such event, counsel may represent either the plaintiff or defendant.
        3.  Representation solely in the domestic abuse restraining order.  In such event, counsel may represent either the plaintiff or defendant.

        Restraining orders can be obtained if there is a factual basis of abuse, violence or immediate danger of violence which places a person in reasonable fear.  A restraining order is a court order that tells the restrained person to stay away from the protected person or perhaps children.  Restraining orders are powerful and can have quite serious additional consequences to the restrained person.  I will seek only when a factual basis warrants.

1. A restraining order is a piece of paper. As powerful as the sanctions may be, a restraining order will not stop a bullet, knife or beating.

2. If law enforcement is contacted, a restraining order will bring the officers responding quickly and will result in arrest if the officers find the restrained person in violation of the order at the time of their arrival.  If the restrained person is not there at the time of arrival, he / she may shortly thereafter be arrested.

3. If the alleged victim is truly fearful for his / her immediate physical well-being, safe housing should be sought.
           That may be through the T*E*S*S*A safe house, relatives, friends, a temporary motel, or perhaps a permanent move out of state.
           If a temporary motel is utilized, stay away from the commonly known motels or strips such as along I-25 & Palmer Park or North or South Nevada Ave. - the alleged abuser may drive by looking for your vehicle.

        Abuse Occurrence. Domestic abuse or domestic violence can occur in any gender, race, social or economic background.  If this is a factor in your life (perpetrator or victim), stop the abuse now.  Assistance is available.
        Think the state can’t charge criminal mischief for destruction of marital property because a defendant was destroying his or own property, not that of another? Think again. see People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002) - arson conviction upheld for burning wife’s marital property clothing.  If it will support a criminal conviction, it will support a domestic abuse restraining order.
        Electronic surveillance of spouse will support restraining order and felony stalking conviction - see People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002) - electronic GPS device on wife's car with downloadable chip. 

        Abuse Reporting.  By law, domestic abuse or child abuse reported to medical, therapy, social work or school professionals must be reported by them to the El Paso County Department of Human Services (DHS - fka DSS)) or law enforcement. Your attorney may not disclose abuse without your consent based upon the attorney-client privilege.

CRS 13-14-102. Civil restraining orders. 
        1.  Any municipal court of record, if authorized by the municipal governing body, any county court, and any district court shall have original concurrent jurisdiction to issue a temporary or permanent civil restraining order against an adult or against a juvenile who is ten years of age or older for any of the following purposes:
                a.  To prevent assaults and threatened bodily harm;
                b.  To prevent domestic abuse;
                c.  To prevent emotional abuse of the elderly;
                d.  To prevent stalking.

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LEGAL FORMS

        a.  T*E*S*S*A fka The Center for Prevention of Domestic Violence.  Victims may call the T*E*S*S*A administration phone.
        b.  Refer to link for locally available Hardcopy Legal Forms
        c.  Refer to the link for on-line Colorado Supreme Court Litigation and Legal Forms.
        d.  The lawsuit can be handled by an attorney. 

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FILING THE RESTRAINING ORDER LAWSUIT
e-Filing - county court unavailability - district court availability and court mandatory requirements

        a.  This is an independent lawsuit - usually filed in county court.

        b.  Complaint for a permanent injunction (restraining order) may be filed in a separate county court lawsuit as indicated above in CRS 13-14-102.  If a dissolution of marriage, legal separation or paternity action has been filed, the restraining order lawsuit may be joined with the family law case, or may also be kept independent in county court.

         c.  Venue is the county where the lawsuit is filed and heard.  Venue for filing a motion or complaint pursuant to this section is proper in any county where the acts that are the subject of the motion or complaint occur, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law.

         d.    1.  No filing fees may be assessed against petitioners seeking relief under this section; except that the court may assess a filing fee against a petitioner, if the court determines the petitioner is not seeking the restraining order as a victim of domestic abuse as defined by CRS 13-14-101 (2); domestic violence as defined by CRS 18-6-800.3 (1), stalking as defined by CRS 18-9-111, or sexual assault as defined by CRS 18-3-402, Petitioners shall be provided the necessary number of certified copies at no cost.
                2.  No fees for service of process may be assessed by a state agency or public agency against petitioners seeking relief under this section as a victim of conduct consistent with the following: Domestic abuse as defined by section 13-14-101 (2); domestic violence as defined by CRS 18-6-800.3 (1), stalking as defined by CRS 18-9-111, or sexual assault as defined by CRS 18-3-402.
                3.  At the permanent restraining order hearing, the court may require the respondent to pay the filing fee and service of process fees, as established by the state agency, political subdivision, or public agency pursuant to a fee schedule, and to reimburse the petitioner for costs incurred in bringing the action.

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TEMPORARY RESTRAINING ORDER

        a.  At the time of filing, plaintiff files a motion for a temporary civil restraining order.  The motion is presented to a magistrate and decided ex parte, which means without notice to or an opportunity for the defendant to be heard.  The magistrate makes the determination of whether to issue a temporary restraining order upon the basis of facts alleged in the complaint.

        b.  A temporary civil restraining order may be issued if the issuing judge or magistrate finds that an imminent danger exists to the person or persons seeking protection under the civil restraining order. In determining whether an imminent danger exists to the life or health of one or more persons, the court shall consider when the most recent incident of abuse or threat of harm occurred as well as all other relevant evidence concerning the safety and protection of the persons seeking the restraining order. However, the court shall not deny a petitioner the relief requested solely because of a lapse of time between an act of abuse or threat of harm and filing of the petition for a restraining order.

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CITATION TO APPEAR

                a.  With the temporary restraining order, the court issues a citation directed to the defendant commanding the defendant to appear before the court at a specific time and date and to show cause, if any, why said temporary civil restraining order should not be made permanent.  If the defendant fails to appear before the court for the show cause hearing at the time and on the date identified in the citation issued by the court and the court finds that the defendant was properly served with the temporary restraining order and such citation, it shall not be necessary to re-serve the defendant to make the restraining order permanent.

                b.  A copy of the complaint together with a copy of the temporary civil restraining order and a copy of the citation shall be served upon the defendant and in accordance with the rules for service of process as County Court C.R.Civ.P. 304 or District Court C.R.Civ.P. 4.  The citation shall inform the defendant that, if the defendant fails to appear in court in accordance with the terms of the citation, a bench warrant may be issued for the arrest of the defendant and the temporary restraining order previously entered by the court shall be made permanent without further notice or service upon the defendant.

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PERSONAL EFFECTS PENDING FINAL ORDERS

        Any person against whom a temporary restraining order is issued pursuant to this section, which temporary restraining order excludes such person from a shared residence, shall be permitted to return to such shared residence one time to obtain sufficient undisputed personal effects as are necessary for such person to maintain a normal standard of living during any period prior to a hearing concerning such order.  Such person against whom a temporary restraining order is issued shall be permitted to return to such shared residence only if such person is accompanied at all times while the person is at or in such shared residence by a peace officer.  A very short amount of time is permitted - the restrained person should make certain adequate transportation and manpower is available to move the personal effects quickly.

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FINAL ORDERS HEARING

        a.  The return date of the citation shall be set not more than fourteen days after the issuance of the temporary civil restraining order and citation. If the petitioner is unable to serve the defendant in that period, the court shall extend the temporary restraining order previously issued, continue the show of cause hearing, and issue an alias citation stating the date and time to which the hearing is continued. The petitioner may thereafter request additional continuances as needed if the petitioner has still been unable to serve the defendant.

        b.  If the judge or magistrate, after examining the record and the evidence, for good cause shown may continue the temporary restraining order and the show cause hearing to a date certain not to exceed one hundred twenty days after the date of the hearing if he or she determines such continuance would be in the best interests of the parties and if both parties are present at the hearing and agree to the continuance. 

        c.  In addition, each party may request one continuance for a period not to exceed fourteen days which the judge or magistrate, after examining the record and the evidence, may grant upon a finding of good cause.

        d.  If the defendant fails to appear at the return date and the petition is for a restraining order to prevent domestic abuse, the court shall order the terms of the temporary restraining order to be made permanent without further notice or service upon the defendant.

        e.  At the time a civil restraining order is requested, the court shall inquire about, and the requesting party and such party's attorney shall have an independent duty to disclose, any knowledge such party and such party's attorney may have concerning the existence of any prior restraining orders of any court addressing in whole or in part the subject matter of the requested civil restraining order.

        f.  At final orders hearing, the judge or magistrate (without a jury) will accept testimony, introduction of exhibits and entertain closing arguments by each party.  This is a full evidentiary hearing.  If the Court finds that the defendant has committed acts constituting grounds for issuance of a civil restraining order and that unless restrained will continue to commit such acts, the judge or magistrate shall order the temporary civil restraining order to be made permanent or order a permanent civil restraining order with different provisions from the temporary civil restraining order. The judge or magistrate shall inform said defendant that a violation of the civil restraining order shall constitute a criminal offense pursuant to section CRS 18-6-803.5, or shall constitute contempt of court and subject the defendant to such punishment as may be provided by law.

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PERMANENT ORDERS

        The court may enter restraining orders as court deems necessary for the protection of person which may include, but are not limited to:

        a.  Restraining a party from threatening, molesting, or injuring any other party or the minor child of either of the parties;

        b.  Restraining a party from contacting any other party or the minor child of either of the parties;

        c.  Excluding a party from the family home upon a showing that physical or emotional harm would otherwise result;

        d.  Excluding a party from the home of another party upon a showing that physical or emotional harm would otherwise result;

        e.     1.  Awarding temporary care and control of any minor children of either party involved for a period of not more than one hundred twenty days
                2.  If temporary care and control is awarded, the order may include parenting time rights for the other party involved and any conditions of such parenting time, including the supervision of such parenting time by a third party who agrees on the record to the terms of the supervised parenting time and any costs associated with supervised parenting time, if necessary. If the restrained party is unable to pay the ordered costs, the court shall not place such responsibility with publicly funded agencies. If the court finds that the safety of any child or the protected party cannot be ensured with any form of parenting time reasonably available, the court may deny parenting time.
                3.  The standard for the award of temporary care and control shall be in accordance with CRS 14-10-124 (best interests of the child).
                4.  Any order for temporary care and control issued pursuant to subsection (15) of this section shall be governed by the "Uniform Child-custody Jurisdiction and Enforcement Act", CRS Title 14, article 13.
                5.  Any order regarding exclusion from the family home or temporary care of control of children shall terminate whenever a subsequent order regarding the same subject matter is granted pursuant to the "Uniform Dissolution of Marriage Act", CRS Title 14, Article 10, or the "Uniform Child-custody Jurisdiction and Enforcement Act", CRS Title 14, Article 13, or the "Colorado Children's Code", CRS Title 19, Article 4 (paternity or legal parentage).

        f.  Such other relief as the court deems appropriate.

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MUTUAL RESTRAINING ORDERS

        A court shall not grant a mutual restraining order to prevent domestic abuse for the protection of opposing parties unless each party has met his or her statutory burden of proof and the court makes separate and sufficient findings of fact to support the issuance of the mutual restraining order to prevent domestic abuse for the protection of opposing parties. No party may waive these requirements.

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SERVICE OF RESTRAINING ORDERS

        Each party is provided a copy of any order issued pursuant to this section, and a copy shall be delivered to any law enforcement agency having jurisdiction to enforce said order.

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MODIFICATION OR DISMISSAL OF RESTRAINING ORDER

        a.  Petitioner (protected person) may move for modification of the terms or duration of the restraining order, or may move to dismiss the restraining order entirely.

        b.     1.  Respondent (restrained person) may also move for modification of the terms or duration of the restraining order, or may move to dismiss the restraining order entirely.  However, once such a motion has been filed, the restrained person may not again file a motion until four (4) years has elapsed.  CAVEAT - See ¶2.
                2.  If Respondent (restrained person) has been convicted of any felony or any crime defined as domestic violence pursuant to CRS 18-6-800.3, then the restraining order shall remain permanent and shall not be dismissed by the court.
                3.  Any motion to modify or vacate a permanent restraining order must be accompanied by the results from the Colorado bureau of investigation of a fingerprint-based criminal history record check.  The fingerprint-based criminal history record check shall include arrests, conviction records, any criminal dispositions reflected in the Colorado bureau of investigation and federal bureau of investigation records concerning any felony record or any misdemeanor record, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence, fingerprint processing by the federal bureau of investigation and the Colorado bureau of investigation, and a query of the restraining order registry. The moving party shall be responsible for providing certified copies of any criminal dispositions that are not reflected in the Colorado bureau of investigation or federal bureau of investigation records and any other dispositions that are unknown. The moving party shall be responsible for supplying fingerprints to the Colorado bureau of investigation and for obtaining the fingerprint-based criminal history record check. The moving party shall also be responsible for the cost of the fingerprint-based criminal history record check.

        c.  The issuing court shall retain jurisdiction to enforce, modify, or dismiss a temporary or permanent restraining order.

        d.  If a motion to modify or dismiss is filed, a copy of the motion and notice of the hearing on the motion must be personally filed upon the opposing party.

        e.  The moving party bears the burden of proof to show, by a preponderance of the evidence, that the modification is appropriate or that a dismissal is appropriate because the restraining order is no longer necessary. If the protected party has requested that his or her address be kept confidential, the court shall not disclose such information to the restrained party or any other person, except as otherwise authorized by law.

        f.  Relevant factors in court's determination of motion:
                1.  Whether the restrained party has complied with the terms of the restraining order;
                2.  Whether the restrained party has met the conditions associated with the restraining order, if any;
                3.  Whether the restrained party has been ordered to participate in and complete a domestic violence treatment program provided by an entity approved pursuant to CRS 16-11.8-103(4)(b)(III)(C), and whether the restrained party has completed the program;
                4.  Whether the restrained party has voluntarily participated in any domestic violence treatment program or other counseling addressing domestic violence or anger management issues;
                5.  The time that has lapsed since the restraining order was issued;
                6.  When the last incident of abuse or threat of harm occurred or other relevant information concerning the safety and protection of the protected person;
                7.  Whether, since the issuance of the restraining order, the restrained person has been convicted of or pled guilty to a crime, the underlying factual basis of which has been found by a court on the record to include an act of domestic violence, as that term is defined in CRS 18-6-800.3 (1), other than the original offense, if any, that formed the basis for the issuance of the restraining order;
                8.  Whether any other restraining orders or protective orders or protection orders have been subsequently issued against the restrained person pursuant to this section or any other law of this state or any other state; and
                9.  The circumstances of the parties, including the relative proximity of the parties' residences and work places and whether the parties have minor children together.

        g.  Modification or dismissal provisions of the statute apply only to restraining orders entered on or after July 1, 1999.