Colorado Springs, Colorado Domestic Abuse Restraining Orders - Domestic Violence
Temporary Restraining Orders - TRO    ***    Permanent Restraining Orders - PRO

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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

        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.

        If your spouse or significant other has filed for a county court restraining order, a temporary injunction has likely entered.  By law, the return date must be set no later than 14 days after the civil temporary restraining order and citation.  In El Paso County, final orders hearing on permanent injunction is scheduled approximately 10 days after the initial filing.  If the parties are both present and each agree to continuance, upon good cause shown the court may continue the temporary restraining order and final orders hearing for a period not to exceed 120 days.  Absent the other party's consent, upon good cause shown each party (including defendant) may request one continuance up to 14 days.  

        If plaintiff or counsel will not agree to continuance, the defendant must litigate on a very short notice fuse.  Insufficient time exists for adequate hearing preparation - counsel must absolutely scramble.  To prepare for final orders hearing, need for priority assignment to a PRO case would be common.  That means counsel must have the ability to devote attention to the PRO case to the exclusion of other clients' cases.  Depending upon an attorney's caseload and court calendar, that may or may not be possible.  If the attorney's trial calendar permits, you will make your attorney, private investigator and process server very busy very quickly.  I count on lack of consent to continuance and prepare for hearing as scheduled or decline the case.  

        Regarding an overview of trial preparation, see attorney's role and assistance.

        No Criminal Charges Pending.  If no criminal charges are pending, the defendant may testify at the PRO hearing, however that carries the danger that statements may be used against defendant if criminal charges are later initiated.  Whether to testify or not is defendant's decision.  Absent current criminal charges, I would use testimony of defense witnesses.

        Criminal Charges Pending.  If the defendant has criminal charges pending, 
        1.  I advise my client not to testify at the civil injunction hearing.  A transcript of testimony would be available for use against the defendant in the criminal trial.  Absent testimony from the defendant, chances are high that the restraining order will enter.  That may seem unfair, but it's a reality.  Whether to testify or not is defendant's decision.  
        2.  I may, but am reluctant to call defense witnesses at PRO hearing.  The trial date is so quick in a PRO hearing that adequate time for preparation is not available.  If the witness' later recalls a different fact, event or circumstance which may be offered at the criminal trial, but was not given in testimony at the PRO hearing, that testimony or evidence would be subject to impeachment at the criminal trial.  Typically after initial investigation, I would confer with my client regarding the risks and this particular trial tactical decision.
        3.  The primary purpose of representation at the restraining order hearing is an opportunity to cross examine the alleged victim under oath, and obtain statements for use in the criminal trial.  A transcript of the PRO hearing will be ordered and can be used for impeachment of the alleged victim at the criminal trial.
        4.  If a defendant later obtains a not guilty verdict or dismissal of criminal charges within six (6) months of the permanent injunction, defendant may file an action to set aside the injunction alleging fraud or misrepresentation by the victim.  The motion would be based upon variance of testimony between the proceedings.  My experience is that such motions for relief are futile.
        5.  Under domestic violence criminal court "fast track" procedures, the criminal trial will be set 60 days from the advisement, which is usually held the next business day after the alleged offense.  If plaintiff will agree to a continuance of 120 days in the civil suit, criminal jury trial will likely be concluded.  
                a.  If a not guilty verdict has been entered, the civil court can take judicial notice of the not guilty verdict, however the burdens of proof are different.
                b.  If a not guilty verdict has been entered, plaintiff may "lose steam" and dismiss the civil injunction.
                c.  Transcript from the criminal trial could be used for impeachment in the civil case.

        It has been my experience that if the court is to error, it will be on the side of caution with entry of a permanent restraining order (PRO).  While unfavorable to any defendant, that makes common sense.  If a PRO were denied and the alleged victim were to be shortly thereafter, seriously injured or killed, that would subject the court to a high degree of publicity.  Put simply, this is an uphill battle.

        Ok, the hearing is over & the order entered.  You're not a happy camper & don't agree with the magistrate's ruling.  What next?  It depends upon whether the order was entered by a county court magistrate or a district court magistrate.  Most domestic restraining orders are brought in county court under the domestic abuse restraining order statute and will have a county court magistrate presiding.  If the restraining order is initiated within and as a part of a divorce or paternity action, a district court magistrate may likely enter orders.  Similarly, nuisance injunctions are frequently brought in district court and a district court magistrate would preside.

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REVIEW OF COUNTY COURT MAGISTRATE ORDERS OR JUDGMENTS 
C.R.M. 9
generally relevant to domestic abuse restraining orders entered under domestic abuse statutory authority

        (a) An order or judgment of a county court magistrate shall be the order or judgment of the county or small claims court.

County Court New Trials; Amendment of Judgments - C.R.Civ.P. 359 
Refer to the above link
Filing time limit - 15 days from date of order

Relief from Judgment or Order - C.R.Civ.P. 360 
Refer to the above link
(a) Filing time limit clerical mistakes - may be corrected at any time
(b) Filing time limit mistake; inadvertence; surprise; excusable neglect; fraud; etc. - 
Reasonable time - not to exceed 6 months

Appeal from County Court to District Court - C.R.Civ.P. 411 
Refer to the above link
Filing time limit - 15 days from date of order

Bear In Mind
Harmless Error - C.R.Civ.P. 361

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REVIEW
DISTRICT COURT MAGISTRATE ORDERS OR JUDGMENTS  -  C.R.M. 7 
Refer to the above link
generally relevant to restraining orders entered in divorce or paternity actions

EMERGENCY PROTECTIVE ORDERS (EPO)

        An EPO an be obtained immediately if necessary. Law enforcement officers have 24 hour access to a judge and may issue an order with court approval removing a spouse from a residence if facts warrant.  Dial 911  Authority: CRS 14-4-103

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DIVORCE OR PATERNITY (LEGAL PARENTAGE) INJUNCTIVE RELIEF

        a.  Temporary restraining order.  A temporary restraining order or preliminary injunction or other relief is available in a divorce action CRS 14-10-108(2) or paternity (legal parentage) action.  CRS 19-4-111(4)-(6) and CRS 14-10-108(2)  Such an injunction can not extend more than one year past the date of final decree in dissolution of marriage.  A permanent injunction (restraining order) may be obtained in a separate County Court lawsuit, and the separate action may be transferred to the divorce court and heard by the judge presiding over the divorce action.

        b. Abuse will not be tolerated by the courts. By law prior criminal charges, abuse injunctive proceedings and child abuse dependency and neglect proceedings must be disclosed in writing to the judge at the time of filing for divorce or paternity.

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VIOLATION ENFORCEMENT OR SANCTIONS

Criminal Charges

        Violation of a restraining order can be enforced by criminal charges
        a.  Refer to link violation of restraining order for additional information regarding the criminal charge
        b.  Refer to link domestic violence for additional information regarding prosecution
        c.  Refer to link sentencing for additional information regarding sentencing
                class M-2 or M-1 domestic violence offense

Contempt of Court

        a.  Authority.  
                1.  Pursuant to CRS 13-14-102(13, a person failing to comply with any domestic abuse restraining order issued pursuant to CRS 13-14-101 et. seq. shall be found in contempt of court or may be prosecuted for violation of a civil restraining order pursuant to CRS 18-6-803.5.
                2.  Violation of a restraining order can be enforced by contempt of court 
                        C.R.Civ.P. 107 and CRS 14-10-118 - maximum 6 months jail and/or maximum $500 fine

        b.  Preliminary Proceedings.  Since incarceration (jail) is an option, in accord with Constitutional protections, the Court will advise the obligor of his / her rights.  Additionally, the Court may require mediation through the Office of Alternate Dispute Resolution - ADR - Mediation prior to final orders hearing.   Refer to the mediation link for additional information.  Mediation is less likely in restraining order contempt proceedings than in other types of contempt, such as non-support enforcement.

        c. Evidence.  Evidence must be presented of the contemnor's act which violates the court order.  This may take the form of testimonial evidence from victim, witness, law enforcement officers, medical provider or admission by contemnor.  Evidence may be direct or circumstantial.  Witnesses may be placed under subpoena and subpoena duces tecum may enter for production of tangible evidence such as phone records or any other physical evidence.  It is the protected person's burden to establish that the restrained person failed to comply with the restraining order.

        d. Criminal contempt.  The protected person has the burden to establish that the restrained person had the ability to comply with the court order, and willfully failed or refused.  Once evidence of violation is established, ability to comply is generally not difficult - the burden was merely to refrain from some voluntary act.  The court may take judicial notice of the restraining order which identifies the prohibited act.  Upon a finding of criminal contempt, to vindicate the dignity of the Court, the judge may sentence the obligor to a term certain not to exceed 6 months county jail and / or $500 fine.  Criminal contempt is the most likely remedy when enforcing a restraining order.  If jail is required to impress upon the restrained person that he / she must obey the restraining order, education is appropriate.

        e. Civil contempt.  The protected person has the burden to establish that the restrained person has the current ability to comply with the court order, and is currently willfully failing or refusing.  Upon a finding of civil contempt, the judge may sentence the obligor to an indefinite term until the obligor complies with the order.  This is known as "he who holds the keys to the jailhouse door."  This particular remedy is better suited to non-support contempt of court enforcement, and is unlikely in restraining order enforcement.

        Pursuant to Colorado law, a central registry identifying domestic abusers is maintained by the Colorado Bureau of Investigation (CBI) in Denver.  When a domestic violence injunction (restraining order) has entered or a domestic violence criminal conviction, a person is identified and tagged with the case number and location.  In a domestic disturbance call, once the parties are identified law enforcement officers immediately check the CBI central registry.  If your name pops up, guess who is likely to be charged in a new investigation?  Same song, second verse except the jury potentially hearing about a prior.  The Department of Human Services (DHS - formerly DSS) maintains a statewide identification central registry of all reported child abuse.  These records have major impact upon a person's future, not only pertaining to potential future criminal charges, but possibly affecting education or employment opportunities.  Jury trial is likely a criminal defendant's only alternative to pleading guilty or accepting an offer which leaves the person vulnerable.

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FEDERAL LAW - FIREARMS AND AMMUNITION
purchase firearms and firearm ownership

        If a person is convicted of a crime of domestic violence, or if a civil domestic abuse restraining order (injunction) enters against a person, firearm or ammunition ownership or possession becomes a thing of the past.  Federal law prohibits.  Also, with a domestic violence conviction or a domestic abuse restraining order, in addition to possession or ownership, attempting to purchase a firearm or ammunition is a federal felony.  See federal statutes 18 U.S.C.A. §§ 921, 922 et. seq.  If firearms or ammunition are required for present or future employment, say good-bye.  At present it appears to this attorney that a deferred sentence to a domestic violence crime with subsequent dismissal does not impact purchase of firearms, firearm ownership or firearm possession.  Check with a gun dealer or the local sheriff's office.

        Forty-six-month sentence for possession of a firearm while under a domestic violence restraining order upheld. United States v. Baker, 197 F.3d 211, 217 (6th Cir. 1999)

        Upon entry of a domestic abuse restraining order, if a person in employed of seeks employment in an occupation which requires firearms, such a law enforcement, a new career choice would be in order.  That would also apply to any field in which the employee is a care giver and could potentially apply to any employment occupation wherein a background check is conducted.

        Finally, it would not be uncommon for a person to run a background check on a prospective new mate.  Identification as a domestic abuser and an active domestic abuse restraining order would not be the first choice for character reference.