Protective orders are often misunderstood—and that confusion can carry serious legal consequences.
Some people believe a protective order is “just paperwork.” Others assume it automatically proves abuse, decides custody, or guarantees safety. In reality, protective orders in Colorado are powerful legal tools, but they have defined purposes and legal limits that matter whether you are requesting one or defending against one.
Understanding what a protective order does—and what it does not do—is critical.
What Is a Protective Order in Colorado?
A protective order is a court order intended to prevent contact, threats, harassment, or physical harm between individuals when there is an allegation of abuse or violence.
In Colorado, protective orders commonly arise in:
- Criminal cases, often issued automatically at the time of charging
- Civil cases, filed directly by an individual seeking protection
- Family law cases, including divorce and allocation of parental responsibilities
Civil protective orders are governed primarily by C.R.S. § 13-14-101 et seq., while criminal protective orders are governed by C.R.S. § 18-1-1001.
While all protective orders are intended to provide safety, the type of case determines how the order functions and what consequences follow.
Temporary vs. Permanent Protective Orders
Temporary Protective Orders
Temporary protective orders are often issued quickly—sometimes the same day a request is filed or criminal charges are initiated. Courts may issue them without a full evidentiary hearing and typically after hearing from only one side.
Key points to understand:
- A temporary protective order is not a finding of guilt or abuse
- The judge has usually heard only the requesting party’s allegations
- The order remains in effect until a scheduled court hearing
Temporary protective orders may restrict:
- Direct or indirect contact with another person
- Proximity to a home, workplace, or school
- Communication by phone, text, email, or social media
- Access to shared property
- Possession or control of firearms
Because they are issued quickly, temporary orders are sometimes underestimated—but violations carry serious consequences.
Permanent Protective Orders
A permanent protective order may be issued only after a court hearing at which both parties have the opportunity to present evidence and testimony.
Under C.R.S. § 13-14-106, the court must find that:
- The respondent committed acts constituting abuse, and
- The respondent is likely to continue committing such acts
The legal standard is a preponderance of the evidence, not proof beyond a reasonable doubt.
Despite the term “permanent,” these orders do not always last forever. They may remain in place indefinitely but can be modified or dismissed upon a showing of changed circumstances.
Permanent protective orders can have long-term effects on:
- Employment opportunities
- Housing access
- Firearm possession rights
- Parenting time and decision-making
- Potential immigration consequences in certain circumstances
Criminal vs. Civil Protective Orders: Why the Difference Matters
Criminal Protective Orders
Criminal protective orders are typically issued automatically when a defendant is charged with certain offenses, including many domestic violence-related crimes (C.R.S. § 18-1-1001).
Important points include:
- The protected person cannot drop or waive the order
- Only the court—not the parties—may modify or dismiss it
- Any violation constitutes a new criminal offense
Even if the underlying criminal case is dismissed, violations of the protective order may still be prosecuted.
Civil Protective Orders
Civil protective orders are requested by individuals and are not dependent on criminal charges. They may involve:
- Current or former intimate partners
- Family members
- Roommates or neighbors
- Co-workers or acquaintances
Civil protective orders focus on prevention rather than punishment, but violations are enforceable through criminal penalties.
What Protective Orders Do
Protective orders in Colorado may:
- Prohibit all direct and indirect contact between parties
- Remove a person from a shared residence
- Impose firearm restrictions when ordered by the court
- Establish temporary conditions involving children
- Create enforceable boundaries backed by law enforcement
Protective orders are enforceable statewide and taken seriously by courts and police.
What Protective Orders Do Not Do
Protective orders do not:
- Automatically prove that abuse occurred
- Decide permanent custody or parenting arrangements
- Resolve divorce, property, or financial disputes
- Replace criminal convictions
- Guarantee safety in every situation
A protective order establishes legal boundaries—it is not a final judgment on the merits of a case.
Why Violations Are Treated So Seriously
Colorado courts strictly enforce protective orders. Even unintentional or indirect contact—such as responding to a text message or appearing at a prohibited location—may constitute a violation.
Violations may be charged even if:
- Both parties agreed to the contact
- The protected person initiated communication
- The contact appeared harmless
This is why understanding the exact terms of an order is essential.
If You’re Seeking Protection—or Facing a Protective Order
Protective orders can affect:
- Your liberty
- Your family relationships
- Your long-term legal and personal interests
Whether you are requesting protection or responding to an order entered against you, understanding the scope and limits of the order is critical to protecting your rights and avoiding unintended consequences.
Protective orders are neither meaningless nor all-powerful. They are legal tools with defined purposes, procedures, and consequences under Colorado law. Clear understanding—and informed legal guidance—can make a significant difference in how these orders affect your life and your case.