Everything you need to know if you are the respondent or defendant in a Colorado civil protection order case, including hearings, firearm restrictions, custody impacts, and criminal exposure
By: Matthew C. Clawson
If You Are the Respondent or Defendant
Being served with a civil protection order in Colorado is a serious legal matter that often occurs with little warning. These cases move quickly and can impose immediate restrictions affecting where you live, who you can contact, whether you can see your children, and whether you may legally possess firearms.
Although a civil protection order is not a criminal charge, violations are criminal offenses that can result in arrest, prosecution, and jail time. Recent changes to Colorado law have lowered the legal threshold for issuing temporary protection orders, making it easier for courts to impose restrictions before a full hearing occurs.
This guide is written specifically for individuals who have been named as respondents or defendants in Colorado civil protection order cases. It explains how the process works, answers the most common questions defendants ask, and highlights why early legal advice is critical.
What Is a Civil Protection Order in Colorado
A civil protection order is a civil court order intended to prevent physical harm, threats, stalking, sexual violence, or domestic abuse. Colorado civil protection orders are governed by C.R.S. §§ 13-14-100.2 through 13-14-111.
A protection order may be issued even if no criminal charges have been filed and even if law enforcement was never involved. While the case itself is civil, violating a protection order is a criminal offense under C.R.S. § 18-6-803.5.
Temporary vs Permanent Protection Orders
Temporary Civil Protection Orders
A temporary civil protection order may be issued ex parte, meaning without advance notice to you. As of January 1, 2025, courts may issue a temporary order if they find a risk or threat of physical harm or psychological or emotional harm. The law no longer requires a showing of imminent danger. C.R.S. § 13-14-104.5.
Temporary orders remain in effect until the court holds a hearing on whether to enter a permanent protection order, typically within fourteen days.
Permanent Protection Orders
A permanent protection order may be entered after a hearing where both parties may present evidence and testimony. Despite the name, a permanent protection order may remain in effect indefinitely unless later modified or dismissed. C.R.S. §§ 13-14-106 and 13-14-108.
30 Commonly Asked Questions About Civil Protection Orders
If You Are the Respondent or Defendant
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- What does it mean if I am the respondent in a protection order case
You are the person against whom restrictions are sought. The filing alone is not a criminal charge, but the court may impose immediate restrictions. C.R.S. §§ 13-14-100.2 to 13-14-111. - Is a civil protection order a criminal charge
No, but violations are criminal offenses. C.R.S. § 18-6-803.5. - Can a protection order be issued without my knowledge
Yes. Temporary orders may be issued without notice. C.R.S. § 13-14-104.5. - What standard applies to temporary protection orders
A risk or threat of physical, psychological, or emotional harm. Imminent danger is not required. C.R.S. § 13-14-104.5(7). - How long does a temporary protection order last
Until the permanent order hearing, usually within fourteen days. C.R.S. § 13-14-104.5(5). - What happens if I violate the order
Violation is a criminal offense. C.R.S. § 18-6-803.5. - Can indirect contact violate the order
Yes, including texts, third-party messages, or social media. C.R.S. § 18-6-803.5. - Can I contact my children
Only if the order expressly allows it. C.R.S. § 13-14-105(1.5). - Can I be removed from my home
Yes, even if you own or lease the property. C.R.S. § 13-14-105(1)(b). - Do I have to surrender firearms
In some cases, yes. C.R.S. § 13-14-105.5. - How fast must firearms be surrendered
Usually within 24 or 48 hours. C.R.S. § 13-14-105.5(3). - Can firearm restrictions affect my job
Yes, especially for military, law enforcement, or security positions. - What if I miss the hearing
The court may enter a permanent order by default. C.R.S. § 13-14-106(1)(b). - What must be proven for a permanent order
Preponderance of the evidence and likelihood of future harm. C.R.S. § 13-14-106. - Can a permanent protection order last forever
Yes, unless modified or dismissed. C.R.S. § 13-14-108. - Will a protection order appear on background checks
Often yes, particularly in law enforcement databases. - Can it affect divorce or custody cases
Yes, courts frequently consider protection orders in domestic relations cases. - Can protection orders be used as leverage
They sometimes arise in high-conflict family cases, but courts still evaluate evidence. - Can I challenge false allegations
Yes, at the permanent order hearing. C.R.S. § 13-14-106. - Can old incidents be used
Yes, if relevant to safety. C.R.S. § 13-14-104.5(7). - Can the order restrict where I go
Yes. C.R.S. § 13-14-105(1). - Can it restrict online communication
Yes, including social media. C.R.S. § 13-14-105(1). - Can I agree to an order to avoid a hearing
Yes, but agreed orders carry the same consequences. - Can the order be modified or dismissed later
Yes. C.R.S. § 13-14-108. - Is there a waiting period to seek dismissal
No fixed period, but courts require changed circumstances. - What evidence matters most for my defense
Messages, witnesses, call logs, and records contradicting allegations. - Should I contact the petitioner
No. Contact may violate the order. C.R.S. § 18-6-803.5. - Can I retrieve personal property
Only if allowed by the order or law enforcement. C.R.S. § 13-14-105. - Does a temporary order mean the judge believes the allegations
No. It reflects a preliminary safety determination. - Should I speak with a lawyer immediately
Yes. Early legal advice can significantly affect the outcome.
Firearms, Employment, and Long-Term Consequences
Firearm restrictions associated with civil protection orders can have immediate and severe consequences for employment, particularly for military members, law enforcement officers, and licensed professionals. Noncompliance can result in additional criminal charges.
Permanent protection orders can also affect housing, professional licensing, and future court proceedings.
Conclusion: Protecting Your Rights as the Respondent
Civil protection order cases are not minor matters. They impose immediate restrictions and carry long-term consequences that can extend well beyond the courtroom. A temporary order does not mean the court has made final findings, but it does require strict compliance until the case is resolved.
If you have been served with a civil protection order, do not ignore it and do not attempt to resolve the situation through contact with the petitioner. Careful compliance, strategic preparation, and prompt legal advice are essential.
Clawson & Clawson LLP represents respondents in civil protection order cases throughout Colorado, with particular experience in matters involving domestic relations and firearm implications. Early guidance can make a meaningful difference in the outcome of your case.
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Matthew C. Clawson, Colorado Family Law Attorney
Serving clients throughout Colorado, including Colorado Springs, Falcon, Pueblo, Castle Rock, Teller County, Parker, and the surrounding Front Range communities.
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Legal Disclaimer- This article is for informational purposes only and does not constitute legal advice. Reading this content or contacting the attorney does not create an attorney-client relationship. Legal decisions and outcomes depend on the specific facts of each case. Colorado laws may change, and you should consult a licensed attorney for advice tailored to your circumstances. No guarantee is made regarding the accuracy or completeness of the information provided.