by: Matthew A Martin

Nov. 25, 2024

The state of Colorado approved several measures related to civil protective orders in its 2024 regular session. The act effects many small changes related to protective orders, but may be summarized as saying that the act reduces the barrier to entry for petitioners and increases protections for the same.

Protective Orders in Colorado

Colorado provides for two types of protective orders: civil and criminal. In general, protective orders forbid contact with the alleged victim or witnesses. In many cases, this includes the abused spouse and children that may have witnessed the event.

Criminal protection orders are issued when a person has been arrested for a crime. In domestic violence cases, these orders are issued by the court during a person’s arraignment.

Civilprotective orders are issued pursuant to a JDF-402 Verified Complain/Motion for a Civil Protection Order request. These orders are not granted automatically and typically require the petitioner to prove that the defendant has abused them in some way or poses a threat to the petitioner’s health and wellbeing.

Penalties

The penalties for protective order violations depend on whether the order was civil or criminal, though just for the first offense.

Civil Protective Order Violation, First Offense:

1. Up to 12 months in jail
2. A fine of up to $1,000

Criminal Protective Order Violation, First Offense:

1. Up to 18 months in jail
2. A fine of up to $5,000

Subsequent offenses are deemed extraordinary risk crimes, meaning that the defendant is believed to be a substantial risk to society. Secondary offenses for both civil and criminal protective orders are punishable by:

1. Up to 24 months in jail
2. A fine of up to $5,000.

What Are the Changes in HB24-1122?

HB24-1122 enhances the scope of protective orders in a number of ways. First, the act authorizes a judge to make a temporary protection order permanent automatically if the respondent is found to have engaged in behavior that includes sexual violence or if he or she is believed to pose a risk of physical harm or threat of psychological or emotional harm to the petitioner. This is a stark change to the previous language, which required the petitioner to be in “imminent danger to life or health.” Proponents of the bill argued that this language was too restrictive.

The act also requires that the respondent relinquish and refrain from purchasing a firearm or ammunition for the duration a temporary protection order, if the order was issued in part or whole based on an act of physical (attempted or otherwise) domestic violence. This does not affect those with a permanent restraining order set against them.

A Lower Barrier to Entry

The legislature has made it easier for parties to apply for, receive, and understand protective orders in a number of ways.

1. All orders will now be written in “simple and plain” language.
2. The court will no longer be able to award any costs or fees against petitioners seeking civil protection orders. Moreover, no public agency can charge a petitioner requesting an order as a victim of domestic abuse, domestic violence, stalking, or sexual violence.
3. Petitioners must be able to file a complaint in the county court if there are no pending or existing domestic relations or juvenile cases in the district court. These include divorce proceedings and child custody cases.

Phone Services

In an effort to combat communication lockdowns, the legislature has included a clause in HB24-1122 that allows civil protection order petitioners to secure control of their phones. If approved, the petitioner assumes rights and financial responsibility to their wireless telephone number, even if that number is controlled under the respondent’s account.

This process is available to suspected victims of:

1. Domestic Violence
2. Sexual Violence
3. Stalking

And requires that the petitioner:

1. Does not hold the account; and
2. Can prove beyond a preponderanceof evidence that the petitioner and any minor children in the petitioner’s care are the primary users of the wireless telephone numbers.

Child Custody

A change to child custody laws includes a provision that the court will award care and control of any joint or shared children for the duration of the temporary protection order. This law existed prior to HB24-1122, but was often missed. The new bill clarifies that municipal courts must include the provision.

Other Changes

The bill also includes several miscellaneous changes, including:

1. Allows a judge to continue a temporary protection order for not more than one year after a permanent protection order hearing.
2. Requires that the court encourage the petitioner to let the respondent know if the petitioner will not appear at a hearing for a permanent protection order, but does not make it a requirement. Also does not allow the court to assess attorney fees against the petitioner if the petitioner does not attend the hearing.
3. Prohibits service upon the respondent and the person protected if the temporary protection order is denied. This is intended to avoid the possibility of the respondent resuming potential harassment or abuse, or inciting the respondent upon hearing that a protective order has been filed. In addition, the respondent will not be notified if the petitioner chooses to withdraw the request for a protective order before the court has served the respondent.
4. Allows the court to grant continuances to the protective order if the petitioner is unable to serve the respondent and has made a good faith effort to do so.

Contact a Denver Attorney for Violation a Protective Order

If you were served with a petition for an order of protection or accused of violating the injunction, then contact an experienced attorney in Denver, CO.

Matthew Martin represents clients on charges for domestic violence throughout the state of Colorado, including the city of Denver and the surrounding areas in the Front Range region including:

• Brighton in Adams County
• Centennial and Littleton in Arapahoe County
• Boulder and Longmont in Boulder County
• Broomfield in Broomfield County
• Castle Rock in Douglas County
• Golden in Jefferson County

During the initial consultation, you can discuss your case with attorney Matthew Martin. Call Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to set up your first consultation at no cost to you.

About The Author

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Matthew A Martin
I grew up playing sports, which made me crave competition.  In law school, I signed up for the Moot Court class competition which is where I argued appellate issues against other students in front of a panel of guest judges and attorneys.  I won the school award for best oralist and the Eve August Moot Court Scholarship, awarded to the student with the highest grade in the Moot Court cla ...read more

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