In Colorado, courts issue protection orders, also known as restraining orders, to prevent contact between individuals in situations involving alleged abuse, harassment, stalking, or threats of violence. While protection orders may seem similar on the surface, they come in two distinct forms: civil and criminal. Each type serves a different legal purpose and follows a different process. If you're facing a protection order, or if you're considering requesting one, it's essential to understand how civil and criminal protection orders differ and how those differences might impact your case.
A civil protection order is filed independently by a private party, usually in a non-criminal context. This type of order is requested directly by someone who claims they are being harassed, abused, or threatened by another individual. The request is made through a civil court, not in connection with any criminal charges. Common reasons people file for civil protection orders include:
The process begins when the alleged victim (referred to as the "petitioner") files a motion in court. If the judge finds enough immediate cause, a temporary protection order (TPO) may be issued the same day without the presence of the other party (the "respondent"). A hearing will then be scheduled, usually within 14 days, where both sides can present evidence. At that hearing, the court will decide whether to issue a permanent protection order (PPO). Even though it is called permanent, the order can sometimes be modified or lifted in the future, depending on the circumstances.
Civil protection orders can severely impact the respondent’s rights. They may be required to leave their home, lose contact with children, surrender firearms, and avoid all communication with the petitioner.
A criminal protection order is issued by a judge as part of an ongoing or pending criminal case. It is not requested by a private party but instead becomes part of court procedure when someone is arrested and charged with certain crimes. Criminal protection orders are commonly issued in cases involving:
When a person is arrested for a qualifying offense, the judge often issues a mandatory protection order (MPO) to protect the alleged victim and ensure the defendant does not interfere with the case. These orders are automatic in many criminal proceedings and stay in place throughout the duration of the case, unless modified by the court. The conditions of a criminal protection order may prohibit the defendant from contacting the alleged victim, visiting certain locations, or possessing firearms.
Violating a criminal protection order can lead to additional charges, including contempt of court or new criminal offenses. Unlike civil protection orders, which are based on a petitioner’s direct request, criminal protection orders are tied directly to the state’s prosecution of a defendant. The protected party does not have to request the order or agree with its terms, it is up to the court to decide whether one is necessary.
Although both types of protection orders are designed to prevent harm, they have several important differences:
Whether you are facing a civil or criminal protection order, it’s important to take it seriously. These orders can affect your freedom, access to your children, and your right to own firearms.
Being the subject of a protection order can feel overwhelming, especially if you feel the order was issued unfairly or based on false accusations. Without proper legal representation, you could lose important rights without fully understanding what’s at stake. In civil cases, you have the right to defend yourself at the hearing and present evidence. You may challenge the credibility of the accusations, introduce witnesses, and argue for dismissal of the order. In criminal cases, a protection order may influence bail conditions, plea negotiations, and even sentencing. It may also affect your employment or professional licensing, especially in positions that require background checks or firearm access.
Our attorneys at Lee E. Christian Law have extensive experience handling both civil and criminal protection order cases. We work with clients across Fort Collins and Northern Colorado to ensure their rights are protected, both inside and outside the courtroom.
If you’ve been served with a protection order or believe one may be filed against you, contact us right away. Early legal guidance can make a critical difference in how your case unfolds.
