Protection Orders in Colorado DV Casesmandatory, temporary, and permanent orders, and how they interact.
A Denver protection order lawyer at Stuart & Ward LLP defends clients facing the three types of protection orders that arise in Colorado domestic violence cases: the mandatory protection order entered automatically in the criminal case, the temporary protection order filed in civil court, and the permanent protection order that follows the civil hearing.
Each type of order has its own procedure, duration, and conditions. They can run in parallel, which means a defendant may be subject to multiple overlapping orders with different terms entered by different courts at the same time.
This page covers how the three orders work, where they come from, and where the leverage points are for defending against them.
Three Kinds of Protection Ordersall named similarly, all functionally different.
Colorado uses three distinct protection orders in the domestic violence context. A Denver protection order lawyer first identifies which orders are in play, because the procedure and defenses differ for each.
Mandatory Protection Order
Entered automatically by the criminal court at the first appearance. The mandatory protection order is part of the criminal case and lasts until the case is fully resolved. It includes the standard no-contact, no-firearms, and residence restrictions described on the Bonds page. There is no discretion about whether the order enters; the only question is what the specific terms include.
Temporary Protection Order (TPO)
A civil order filed by the alleged victim in county or district court. The TPO is granted ex parte, meaning the defendant is not present and does not have an opportunity to respond before it is entered. The TPO lasts until the permanent protection order hearing, typically about 14 days later, at which point the alleged victim must show why the order should continue.
Permanent Protection Order (PPO)
A civil order entered after a contested hearing. The PPO can include conditions broader than a mandatory protection order, including geographic exclusion zones, custody and parenting time restrictions, and provisions affecting business or property relationships. Despite the name, a PPO can sometimes be modified or vacated, but most remain in effect indefinitely once entered.
What a Denver Protection Order Lawyer Tracksparallel orders with conflicting terms.
The most confusing aspect of protection order practice is that a defendant can be subject to multiple orders at the same time, entered by different courts, with different conditions. A Denver protection order lawyer tracks what each order requires so the defendant does not inadvertently violate one while complying with another.
Colorado law requires the mandatory protection order in the criminal case regardless of whether a civil protection order is also in place. The criminal court does not coordinate with the civil court, and the two orders can have different terms. The defendant is bound by both, and a violation of either is enforceable.
The civil protection order survives the criminal case. Even if the criminal charges are dismissed, the civil PPO can remain in effect indefinitely. Many defendants focus on the criminal case and underestimate the long-term impact of the civil order, which can affect housing, employment, custody, and firearm rights for years.
The permanent protection order hearing is the defendant's opportunity to contest the petition with evidence, cross-examination, and argument. The standard of proof is preponderance of the evidence, not the criminal standard. Defending the PPO hearing matters because the order, once entered, is hard to remove.
Either party can move to modify the conditions of a protection order. The most common modifications involve no-contact restrictions where the parties share children or a business. The court considers the alleged victim's input but is not bound by it. The modification process moves on the court's calendar, not the parties' urgency.
An order entered ex parte is not the final word. The TPO is granted without the defendant's input, but the PPO hearing is a real evidentiary proceeding where the petition can be contested. Showing up unrepresented and unprepared often results in a permanent order being entered by default.
How a Denver Protection Order Lawyer Defends the Caseacross the criminal and civil tracks.
Defending a protection order matter requires moving in two courts at once. The strategy in one affects the other.
Modifying the Criminal MPO
Where the mandatory protection order creates impossible logistics, we move quickly to modify the conditions to allow supervised or limited contact for specific purposes such as parenting, business operations, or recovery of personal property. Modification motions are filed with the criminal court and heard on the court's calendar.
Defending the PPO Hearing
The permanent protection order hearing is a real evidentiary proceeding. We prepare witnesses, gather documentary evidence, cross-examine the petitioner, and argue against entry of the order or for narrower terms. Many PPO hearings result in narrowed orders, stipulated terms, or dismissed petitions when the defense is prepared.
Long-Term Consequence Management
The civil PPO can outlast everything else in the case. We advise on the immigration, employment, firearm, and custody consequences of any order, and structure the defense to minimize lasting effects. Where an order has already been entered, we pursue modification or termination once the underlying circumstances have changed.
Protection Order FAQ
What is the difference between a mandatory protection order and a civil protection order?
A mandatory protection order is entered automatically by the criminal court in every Colorado domestic violence case at the first appearance. It is tied to the criminal case and lasts until the case is over. A civil protection order is a separate proceeding filed by the alleged victim in civil court. It can be temporary (TPO) initially and made permanent (PPO) after a hearing. The two types of orders can run in parallel and can have overlapping or conflicting conditions.
How long does a mandatory protection order last?
A mandatory protection order remains in effect for the duration of the criminal case. It ends when the case is fully resolved, whether by dismissal, acquittal, or completion of any sentence including probation. If the case results in a conviction with a sentence, the protection order continues until the sentence is completed.
Can a protection order be modified?
Yes. Either side can move to modify the conditions of a protection order. Common modifications include allowing supervised contact for co-parenting, allowing contact for the limited purpose of business matters, and allowing the defendant to retrieve personal belongings from the shared residence. Modification requires a motion and a hearing. The alleged victim's input is considered but is not controlling.
What is a temporary protection order?
A temporary protection order (TPO) is a civil order issued by a county or district court on the petition of an alleged victim. The TPO is granted ex parte (without the defendant present) and lasts until a permanent protection order hearing, typically 14 days later. At that hearing, the alleged victim must show by a preponderance of evidence that a permanent order should be entered.
What is a permanent protection order?
A permanent protection order (PPO) is a civil order entered after a hearing where both sides have the opportunity to be heard. Despite the name, a PPO is not necessarily forever, though many remain in effect indefinitely. A PPO can include conditions broader than a mandatory protection order, including geographic exclusion zones, custody and decision-making restrictions, and conditions that survive the underlying criminal case.
What happens if I violate a protection order?
Violation of a protection order is a separate criminal offense in Colorado. A first offense is typically a misdemeanor; repeat offenses can be charged as felonies. Violations also affect the underlying case (bond revocation, sentencing enhancement) and can support a permanent protection order being entered against the defendant. Even unintentional contact can constitute a violation.
Can I respond to a permanent protection order petition?
Yes. The PPO hearing is the defendant's opportunity to present evidence, cross-examine the alleged victim, and contest the petition. Many PPO hearings result in dismissed petitions, narrowed orders, or negotiated stipulations. Defending the PPO hearing matters because a permanent order has lasting consequences beyond the criminal case, including for immigration, employment, and firearm rights.
Facing a Protection Order Hearing?
Permanent protection orders can outlast the criminal case. Call Stuart & Ward LLP for a free, confidential consultation with a Denver protection order lawyer.