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Matthews & Matthews, P.C.
Family Law Consultation and Representation
Our Services/FAQs
Protection Orders
-What is a Protection Order and why is one issued?
According to the Colorado Judicial Branch’s website, a “temporary or
permanent civil protection order may be issued against an adult or a
juvenile who is ten years of age or older for any of the following
purposes: To prevent stalking, domestic abuse, sexual assault, physical
assault and threatened bodily harm; and to prevent emotional abuse of
the elderly or an at-risk adult.” (http://www.courts.state.co.us/)
Your attorney can guide you through the process, should you desire a
Protection Order to restrain your spouse from contact with you or your
children—or if your spouse files one against you.
If you feel you would rather get a
Temporary Restraining Order, “TRO” on your own, it is possible for you
to do so. You will need to call the county court in your county and find
out when the court issues TRO’s. Next, go to the county clerk’s office
at the appointed time and fill out a complaint form. Your complaint form
explains why you are asking for a TRO. After you fill out the paperwork,
you will have an opportunity to speak to a judge and explain why you
want the TRO.
If you receive a TRO from the Judge, the party against whom the TRO has
been issued will have to be served with the paperwork. The TRO is not
“in force” until service has taken place.
TRO’s are temporary by nature. There will be a date listed on the TRO
for a Permanent Orders Hearing. This is a full hearing where the party
against whom the Temporary Restraining Order “TRO” has been issued has a
chance to state why it should not be kept in force. This hearing will
occur soon after your TRO was issued so be very careful to note the date
for this hearing on your TRO paperwork. You must attend the hearing and
it may be a good idea to have legal representation at this point if it
is possible for you to do so or at least speak to a family law attorney
prior to the hearing.
For more information about obtaining and enforcing civil restraining
orders, visit the Colorado Court’s self help page located on their
website at: www.courts.state.co.us
It is important to note that when you file for divorce, Colorado law
provides that a type of temporary restraining order can automatically
arise. The “Petition for Dissolution” can include language that has been
set out by statute to outline this temporary restraining order. This
statutory injunction restrains both parties from:
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Transferring, concealing or in any way
disposing of marital property without the consent of the other party
or an order of the court, except in the usual course of business or
for the necessities of life;
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Molesting or disturbing the peace of
the other;
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Removing the minor child(ren) from the
state without the consent of the other party or order of the court
and;
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Canceling, modifying or allowing to
lapse for non-payment any type of insurance that covers the parties
and/or their children.
This automatic temporary injunction is
enforceable by the district court and overrides any other type of
restraining order previously in effect.
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Matthews & Matthews, P.C.
1890 Gaylord St.
Denver, CO 80206
Phone: 303.329.3802
Fax: 303.316.0461
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