Thought Leaders: Businesses and employers may obtain civil protection orders in Colorado

If a business or one of its employees is being harassed, injured, intimidated, molested, threatened, touched, stalked, assaulted, sexually assaulted, or abused by another party, it may seek a civil protection order restraining that party from specific conduct. Under the Colorado Revised Statutes, there are three different types of civil protection orders and separate procedures and rules applicable to each type: (a) emergency protection orders; (b) temporary protection orders; and (c) permanent protection orders. This article briefly discusses each type of protection order.

Emergency Protection Orders. A court may issue an emergency protection order that expires by the close of judicial business on the next day of judicial business following the day the order is entered. The purpose of the order is to allow a party to be protected in certain emergency situations until a temporary protection order (discussed below) can be obtained.

Temporary Protection Orders. A temporary protection order may be requested from a local court by filing a verified complaint and a motion for protection order with the court. The court may issue a temporary civil protection order against a person who is ten (10) years of age or older. The person or business requesting the protection order does not need to show that the act that is the subject of the motion has been reported to law enforcement. The court must set a hearing on the matter as soon as possible. The hearing may be conducted ex parte, meaning the other party does not need to be present at the hearing. Hearings are often the same day that the complaint and motion are filed. If the court finds at the hearing that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the employees of a business, the court may issue a civil protection order in the name of the business for the protection of the employees. However, an employer is not liable for failing to obtain a civil protection order in the name of the business for the protection of the employees and patrons. The court will use a judicial form for purposes of entering the order, set a show cause hearing why the temporary protection order should not be made permanent within the next fourteen (14) days, and issue a summons for the restrained party to appear at the show cause hearing. The protected party must then have the restrained party served with the temporary protection order prior to the show cause hearing. Upon agreement of the parties and approval of the court, the temporary protection order may be extended for up to one (1) year.

Permanent Protection Orders. A court may make a temporary protection order permanent following a show cause hearing at which it examines the record and the evidence presented by the parties. If the court finds by a preponderance of the evidence that the restrained party has committed acts constituting grounds for the issuance of a civil protection order and will continue to commit such acts or other acts designed to intimidate or retaliate against the protected person or business unless restrained, the court will enter a permanent civil protection order.

If you have questions about civil protection orders, contact BHGR’s Criminal Group today.

This article is informational only. The presentation or use of this information does not in any manner constitute an attorney-client relationship between BHGR and the website user. While the information on this site concerns legal issues, it is not intended as legal advice and is not a substitute for particularized advice from your own legal counsel.