WHAT IS A PROTECTION ORDER?
There are several types of protection orders. One type is a criminal protection order which occurs as a result of an arrest. This is put in place by the county courts in Colorado. The second type of a protection order is a civil protection order. There are essentially three criteria in which you could seek a civil protection order. They are:
• To prevent stalking, sexual assault, physical assault, and threatened bodily harm
• To prevent domestic violence and abuse
• To prevent emotional abuse of the elderly or at risk adults
Some are automatically included in a court action (criminal) while others are issued upon proof that the “protected party” is in danger from the “party to be restrained.”
Under Colorado State Statute, an order can be issued to restrain:
- Someone who is now or was in the past a relative
- Someone who lives or has lived at your residence
- Someone with whom you are or were intimately involved.
With this order you can ask a judge to protect you and your children. The judge can award you “Temporary Care and Control” of the children for a maximum of 120 days from the date the temporary protection order is granted. It then becomes a custody issues and a matter for District Court.
In Colorado, both parents have the rights to their children. If no custody order exists, officers must allow access to the other parent. In a case where a family is living in separate locations and share kids, orders should be to provide custody instructions. In a case where custody orders do not exist, officers cannot prohibit parents from removing the children out of state.
WHERE DO I GO TO GET A PROTECTION ORDER?
Someone seeking a protection order should go to the court in the county where you reside. In Boulder County, hearings are held Monday thru Friday at 1777 6th Street . The phone number for this location is (303)441-3750. In Longmont, hearings are held Monday thru Friday at 1035 Kimbark Street . The phone number for this court annex is (720)564-2511. If you are seeking a protection order while a divorce is in process, you must use the county center in Boulder .
HOW DO I GET A PROTECTION ORDER?
In Boulder County, go to the court clerk's office at 8 am., obtain a “Protection Order Packet,” and complete the required forms. You will appear before a judge or magistrate at 9 am to state why you are requesting the protection order.
If the temporary order is granted, it must be served on the party to be restrained by someone who is 18 years of age or older and not involved in the dispute. The Boulder County Sheriff's Office (BCSO) can be used for this service, contact their Civil Division for service arrangements (303) 441-3766.
HOW MUCH DOES IT COST?
Packets. The cost for a civil protection order packet by contacting the court clerk is $3 or you may get it on line from the courts for free. Victims of domestic violence (involving intimate partners) may obtain a protection order packet also from the Safe Shelter of St. Vrain Valley in Longmont (303) 772-0432 or the Boulder Safehouse Progressive Alliance for Nonviolence in Boulder for free.
Service. If the party contacts the Boulder County Sheriff's Office Civil Division (303) 441-3766, there will be no charge for having a civil restraining order served.
WHAT HAPPENS IF THE PROTECTION ORDER IS VIOLATED?
You should contact the Longmont Police Department at (303) 651-8555 and file a report. You must have a copy of the order and proof that is was served on the restrained party. It is advisable to make several copies of the protection order and proof of service and keep a copy with you at all times.
DO I NEED A LAWYER TO OBTAIN A PROTECTION ORDER?
It is not necessary to retain the services of a lawyer. In some cases, Boulder County Legal Services (303) 449-7575 will provide assistance. In the case of domestic violence (involving intimate partner violence) the Safe Shelter of St. Vrain Valley in Longmont (303) 772-0432 and the Boulder Safehouse Progressive Alliance for Nonviolence ( 303) 449-8623 in Boulder will assist at no charge.
To reach the Longmont Police Department Domestic Violence Unit you can email Officer Brian Dean or email Officer Sandi Esters. You may also call (303) 651-8517 (Officer Mark Deaton) or call (303) 774-4720 (Officer Sandi Esters)
We know from asking the community, that friends, relatives, and co-workers are aware of the abuse at its inception. If this is indeed the case, we need to "arm" these residents with information to assist. It is our responsibility as residents to become involved. The Longmont Police Departments Domestic Violence Unit is an active part of a community collaboration created to change the way residents respond to domestic violence. The Longmont Ending Violence Initiative (LEVI) is an awareness project designed to enlist the entire community in an effort to reduce domestic violence. LEVI provides non-emergency prevention/education materials as well as referrals to domestic violence resources. To reach LEVI you can email or call (303) 774-4534.