Restraining Order Information

 

 


The court is required to enter an order restraining the person charged with a crime from "harassing, molesting, intimidating, retaliating against, or tampering with any victims or witnesses."

In cases involving domestic violence the court may also require the following:

  • That the defendant vacate the victim's home and that he or she stay away from any place where the victim is likely to be found;
  • That the defendant not contact the victim either directly or indirectly;
  • That the defendant be prohibited from having any guns or weapons;
  • That the defendant be prohibited from keeping or consuming alcohol; and
  • Any other order the court deems appropriate.

The restraining order remains in effect until the case is over which is when the defendant completes his or her sentence including probation (or if the case is dismissed or the defendant acquitted). When an officer has probable cause to believe a person has violated a restraining order the officer is required to arrest that person or to seek a warrant for an arrest.

CIVIL RESTRAINING ORDERS:

While a restraining order is automatically entered on all state-charged criminal cases, a victim can request a civil restraining order even if there is no criminal case. A civil restraining order can be made permanent and may include other household members who are at risk, such as children.

GETTING A RESTRAINING ORDER:

In Denver, you may request a restraining order any weekday at 9:00 a.m. in Court Room 124-D located in the City and County Building at 1437 Bannock Street, Denver.

Hearings regarding permanent orders are held in the afternoon.

There are advocates available each day to assist you with the process and to advise you on safety planning.

There are restraining order forms available online as well: (http://www.courts.state.co.us/scao/Forms.htm