“Domestic abuse” means any act of violence and / or threatened act of violence that is committed by a person against another person who is currently, or was formerly related to, or is living or has lived in the same home, or is involved or has been involved in an intimate relationship.
To obtain a protection order there must be an act or threatened act of violence, which includes but is not limited to harassing, injuring, intimidating, molesting or stalking.
You may file in Denver County if the acts occurred or if one of the parties lives or is employed in Denver.
STEPS TO FILING YOUR CASE
Complete the Forms
Verified Complaint/Motion for Protection Order
Complete all necessary information on the form. Be specific and provide complete information identifying why you are seeking a protection order. If you want to have your address left out of the pleadings, check box #6 on the Complaint/Motion. This Complaint/Motion must be signed in the presence of a Court Clerk or Notary Public.
Information Sheet for Registering a Protection Order
Complete this form and attach it to the Verified Complaint/Motion for Protection Order. It is critical that the information be complete and accurate for enforcement of the Protection Order.
Affidavit Regarding Children
If you intend to ask for temporary care and control, interim decision-making, or parenting time for the children or a Protection Order for the benefit of any minor child, you must complete this form. This Affidavit must be signed in the presence of a Court Clerk or Notary Public.
You may complete this form to help you prepare for your hearing. You may keep it or you may file it with your Verified Complaint/Motion. If you file this form, it will become part of the public record and will be served on the other party as a part of the Complaint/Motion.
File Your Papers With the Court
New filings are accepted Monday through Friday (except legal holidays and court closures) between 8:00 a.m. and 9:00 a.m. only, at the City and County Building, 1437 Bannock St, Room 159. Please allow 3 hours to complete the paperwork and be seen by the judicial officer. Paperwork may be completed in advance.
Temporary Protection Order Hearing
- Be prepared to be asked questions about your request and any issues regarding the children, if applicable.
- If the Court grants a Temporary Protection Order, you will be provided with a written Order.
- When you receive the Temporary Protection Order, you need to do the following
- Obtain certified copies of the Order (the number of copies will vary based on your circumstances). You will need one for yourself and one to serve the restrained person. If you are awarded temporary care and control, parenting time and/or interim decision-making of the minor children or if the restrained person is ordered to have no contact with the minor children, you may need copies for your work, children’s school, daycare provider, etc.
- Remember to carry a copy of the Protection Order and Affidavit/Certificate of Service at all times.
Complete Personal Service
You have to complete personal service on the other party with a copy of the Complaint/Motion, Temporary Protection Order per Rule 304 of the Colorado Rules of County Court Civil Procedure prior to your Permanent Orders Hearing. A Permanent Orders Hearing will be set within two to three weeks.
Helpful Hints to Complete Personal Service
- Take a copy of the Complaint/Motion, Temporary Protection Order and Affidavit/Certificate of Service to the Sheriff, a private process server, or someone you know who is 18 years of age or older, who is not a party to the case, and who knows the Rules of Service to serve the defendant.
- Be sure to direct the person serving the documents to return the original and a copy of the Affidavit/Certificate to Service to you.
- Remember to bring the original to Court on the day of your Permanent Orders Hearing.
- Carry the returned Affidavit/Certificate of Service with you along with your Temporary Protection Order. You may need to provide both the forms to law enforcement.
- If personal service cannot be completed, inquire with the Court to determine how you should proceed.
Permanent Orders Hearing
If You Obtained a Temporary Protection Order, You Must
- Appear on the date and time the Court schedules your Permanent Orders Hearing or your Temporary Protection Order will automatically expire. At the hearing you may call witnesses and present evidence if you wish. The Court will issue subpoenas for witnesses if needed.
- Make sure the original Affidavit/Certificate of Service has been submitted to the Court.
- If the Court grants the Permanent Protection Order, you will be provided with a written Order stating such.
- When you receive the Permanent Protection Order, you need to do the following:
- Obtain certified copies of the Order. The number of copies will vary based on your circumstances. You will need one for yourself and one to serve the Restrained Party. If the Restrained Person was ordered to have no contact with minor children, you may need copies for your work, children’s school, daycare provider, etc.
- If the restrained person is present during the hearing, the Court will submit the Order to him/her and personal service is not necessary.
- If the restrained person is not present and the Permanent Protection Order is different from the Temporary Protection Order, you must complete personal service.
- Make sure a copy of the Affidavit/Certificate of Service is returned to you and the original Affidavit/Certificate of Service is filed with the Court as soon as possible after service has been completed.
- If personal service cannot be completed, inquire with the Court to determine what further steps can be taken.
- Remember to carry a copy of the Order and Affidavit/Certificate of Service at all times.
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