What is the process of obtaining a restraining order?

On Behalf of | Nov 26, 2014 | Domestic Violence, Firm News |

Obtaining a restraining order in Colorado is a straightforward process, but it involves many steps. It begins by filling out form JDF 402, the Complaint/Motion for Civil Protection Order. You must sign the form in the presence of a notary public or before the court clerk. You must also complete JDF 442, the Information Sheet for Registering a Protection Order, and attach it to the Complaint form. If a child is in any way involved in the restraining order, an Affidavit Regarding Children, JDF 404, is also required.

Next, you must provide the documents to a Colorado court. Be prepared to answer questions about your complaint; the optional Incident Checklist, JDF 401, may be useful at this point. If the court deems your request valid, it will issue a written Temporary Protection Order. You will need to obtain certified copies of the order. Not only will you need to keep a copy of the Protection Order and Affidavit/Certificate of Service on you at all times, but you must also serve a copy to the individual restrained.

You can serve the order through any third party, but doing so through the local sheriff is recommended. A date will be set for a Permanent Orders hearing, at which you must appear for the court to issue a Permanent Protection Order.

If you are seeking to obtain a restraining order, or if someone is currently attempting to file a restraining order against you, consulting a lawyer may be the best step you can take, especially if domestic violence is involved. A lawyer can help you determine what process to follow to obtain the best result for you and your children. No two situations are exactly alike, however, and this blog post should not be considered legal advice.

Source: Colorado Judicial Branch, “County Court Restraining Orders“, November 24, 2014


FindLaw Network