Civil Protection Orders in Colorado: A Serious Legal Matter
A civil protection order can change your life overnight. In Colorado, a civil protection order may remove you from your home, restrict contact with your children, suspend firearm rights, and expose you to criminal penalties for even unintentional violations.
At Clawson & Clawson LLP, we represent both individuals seeking protection and those defending against protection order allegations. We handle these cases with urgency, discretion, and a deep understanding of how protection orders intersect with divorce, custody, and firearms law.
Colorado’s civil protection order laws were significantly expanded, effective January 1, 2025. If you are involved in a protection order case, understanding these changes is critical.
What Is a Civil Protection Order in Colorado
A civil protection order is a court order designed to prevent physical harm, threats, stalking, sexual violence, or domestic abuse. These orders are governed primarily by C.R.S. § 13-14-101 et seq.
Under C.R.S. § 13-14-104.5, Colorado courts may issue civil protection orders to restrain a person from threatening, molesting, injuring, stalking, sexually assaulting, or abusing another.
Unlike criminal cases, protection orders are civil proceedings and may be issued even when no criminal charges exist. However, violating a protection order is a criminal offense, punishable by arrest, incarceration, fines, and permanent criminal consequences. See C.R.S. § 18-6-803.5.
Colorado courts have consistently recognized that protection orders carry serious liberty and constitutional implications, even though they arise in civil proceedings. See People v. Stanley, 2017 COA 157, 402 P.3d 421 (Colo. App. 2017) (affirming criminal conviction for violation of civil protection order and emphasizing strict enforcement).
Temporary vs Permanent Protection Orders
Temporary Protection Orders
A temporary protection order may be issued without notice to the restrained party. Courts may issue these orders based solely on written allegations if the judge finds a risk or threat of physical, psychological, or emotional harm.
Under C.R.S. § 13-14-104.5(1)(b), the court may grant a temporary protection order upon a verified complaint or affidavit.
Major statutory expansion effective January 1, 2025:
Colorado law no longer requires a showing of imminent danger before issuing a temporary protection order. This change has dramatically increased the number of temporary orders being entered statewide.
Permanent Protection Orders
A permanent protection order may be entered after a court hearing where both parties have the opportunity to present evidence and testimony. See C.R.S. § 13-14-106.
Permanent protection orders:
- May remain in effect indefinitely
- Appear in background checks
- Are entered into law enforcement databases
- Heavily influence family court proceedings
Colorado appellate courts have emphasized that permanent protection orders may impose substantial restrictions on liberty and constitutional rights, requiring careful judicial scrutiny. See Marriage of Finer, 920 P.2d 325 (Colo. App. 1996) (recognizing significant liberty interests implicated by protection orders in domestic relations proceedings).
Firearms and Protection Orders in Colorado
If a protection order involves domestic violence with a finding of threat or use of physical force, firearm relinquishment is mandatory.
This requirement arises under:
- C.R.S. § 13-14-105.5 (civil protection order firearm relinquishment)
- C.R.S. § 18-6-800.3 (definition of domestic violence)
Mandatory firearm restrictions may include:
- Immediate loss of the right to possess or purchase firearms or ammunition
- Mandatory surrender of all firearms within strict statutory deadlines
- Criminal prosecution for noncompliance
Firearm relinquishment issues are particularly critical for:
- Military service members
- Law enforcement officers
- Federal contractors
- Hunters
- Individuals whose employment requires firearm possession
Improper firearm findings can result in long-term federal disqualification, including under 18 U.S.C. § 922(g)(8).
Protection Orders and Divorce or Custody Cases
Civil protection orders frequently overlap with domestic relations proceedings.
Under C.R.S. § 14-10-124(1.5)(b), commonly known as Caden’s Law, courts must consider domestic violence and safety concerns as primary factors in determining parenting time and decision-making authority.
A protection order can:
- Remove a parent from the marital home
- Suspend parenting time
- Require supervised visitation
- Substantially affect custody determinations
Colorado courts regularly rely on protection order findings when making custody decisions. See Marriage of Slowinski, 199 P.3d 48 (Colo. App. 2008) (trial court properly considered domestic violence findings in allocating parental responsibilities).
Because of these consequences, early legal strategy in protection order cases is critical, especially when divorce or custody litigation is pending or anticipated.
Why You Need a Protection Order Attorney
Protection order proceedings move extremely fast and carry lasting consequences. Whether seeking protection or defending against allegations, experienced counsel can:
- Draft persuasive sworn pleadings
- Present evidence and testimony effectively
- Challenge unsupported allegations
- Protect firearm rights where legally possible
- Coordinate litigation strategy with divorce and custody cases
- Prevent technical violations that lead to criminal charges
Colorado appellate courts have repeatedly affirmed criminal convictions for even technical or indirect violations of protection orders. See People v. Stanley, 2017 COA 157.
Defending Against a Civil Protection Order in Colorado
If you have been served with a protection order, do not ignore it. Even accidental or indirect contact can result in arrest.
Common defense issues include:
- Insufficient or stale evidence
- Exaggerated allegations
- Protection orders used strategically in divorce or custody litigation
- Improper domestic violence or firearm findings
A permanent protection order can affect:
- Employment
- Professional licensing
- Security clearances
- Firearm ownership
- Custody rights
Early legal intervention often determines whether the case is dismissed or becomes permanent.
Colorado Protection Orders Explained
A civil protection order is a court order meant to protect someone from harm. In Colorado, courts can issue these orders quickly and without notice. Protection orders may affect your home, children, and firearm rights.
If you are involved in a protection order case, speak with a lawyer immediately. These cases move fast, and mistakes can have permanent consequences.
FAQ
What qualifies for a civil protection order in Colorado?
Threats, physical harm, domestic abuse, sexual violence, stalking, or emotional distress. See C.R.S. § 13-14-104.5.
Can a protection order affect child custody?
Yes. Courts must consider domestic violence when allocating parenting time. See C.R.S. § 14-10-124(1.5)(b).
Do I lose my gun rights with a protection order?
If the court finds domestic violence involving force or threats, firearm relinquishment is mandatory. See C.R.S. § 13-14-105.5.
How long does a protection order last?
Temporary orders last until the hearing. Permanent orders may remain in effect indefinitely unless modified or dismissed. See C.R.S. § 13-14-106.
Can I fight a protection order?
Yes. You are entitled to a full hearing, presentation of evidence, and witness testimony.
Don’t Wait — Protect Your Rights in a Colorado Protection Order Case
If you are facing a civil protection order in Colorado, do not wait. These cases require immediate and strategic action.
Contact Matthew C. Clawson 719-634-1848 or 303-805-9353 to schedule a free confidential consultation.
Serving clients throughout Colorado Springs, El Paso County, Douglas County, Teller County, and surrounding areas.