Colorado Springs Protection Order Lawyers

COLORADO SPRINGS PROTECTION ORDER GUIDE

Colorado Springs protection orders lawyer guide

Whether you need a protection order to address domestic abuse or you have been served with an order that may affect your home, parenting time, firearm possession, employment, or military duties, prompt legal guidance matters. A civil protection-order case can move quickly, and the terms of an order must be obeyed unless and until the court changes them.

Call Moran, Allen & Associates for a free consultation about a Colorado Springs protection-order matter. Ask about same-day availability for urgent cases.

Legal information last reviewed July 30, 2026.


TABLE OF CONTENTS


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WHY COLORADO SPRINGS CLIENTS TRUST OUR PROTECTION ORDER ATTORNEYS

  • Former-prosecutor experience evaluating domestic-violence evidence, witness accounts, related criminal allegations, and alleged violations of court orders
  • Free initial consultation to review the available documents, identify deadlines, and discuss practical next steps
  • Colorado-licensed attorneys with experience in civil, family-law, and criminal proceedings that may overlap with a protection-order case
  • Direct attorney involvement in case preparation, evidentiary decisions, negotiation, and courtroom advocacy
  • Urgent-case attention because the permanent-order hearing is ordinarily scheduled soon after a temporary order is issued

WHAT WE BRING TO YOUR PROTECTION ORDER CASE

  • Evidence-focused preparation: We examine messages, recordings, reports, witnesses, timelines, and prior orders to identify relevant, admissible evidence.
  • Complete impact analysis: An order may affect housing, communication, parenting time, employment, military duties, and firearm possession.
  • Immediate deadline review: The permanent-order hearing is generally set no more than 14 days after a temporary order is issued, although service problems and authorized continuances can move the date.
  • Coordination across related cases: We address overlapping divorce, parenting, criminal, employment, or military issues and potential self-incrimination risks.
  • Clear communication: We explain what the order prohibits, what evidence matters, and how a term can legally change.

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Obtaining a Colorado Civil Protection Order

Under C.R.S. 13-14-104.5(1)(a), Colorado courts may issue civil protection orders to prevent assaults and threatened bodily harm, domestic abuse, emotional abuse of the elderly or of an at-risk adult, sexual violence, and stalking. An order may be entered against an adult or against a juvenile who is at least ten years old.

A police report or criminal charge is not required. Section 13-14-104.5(1)(b) states that a petitioner does not need to show that the conduct was reported to law enforcement, that charges were filed, or that the petitioner is participating in a prosecution.

  • Emergency protection orders: When the county and district courts are closed, C.R.S. 13-14-103 allows an on-call judge to issue an emergency order. In practice this route is initiated by a responding peace officer who asserts reasonable grounds to believe a person is in immediate and present danger, not by a protected person contacting the court directly. Under section 13-14-103(1)(f), unless the court continues it, the order expires no later than the close of judicial business on the next day of judicial business following the day it was issued.
  • Temporary civil protection orders: After reviewing a verified complaint and the evidence, a court may act without advance notice to the respondent. Under section 13-14-104.5(7)(a), temporary relief requires a finding that a risk or threat of physical harm, or the threat of psychological or emotional harm, exists to the person seeking protection.
  • Service and hearing timing: Section 13-14-104.5(10) requires the permanent-order hearing to be set no more than 14 days after the temporary order and citation are issued. If service is not completed in that window, the court extends the temporary order, continues the hearing, and issues an alias citation. Further continuances are available where the petitioner shows reasonable efforts to serve or that the respondent is evading service.
  • Permanent civil protection orders: Under C.R.S. 13-14-106(1)(a), in cases other than sexual violence the petitioner must prove qualifying conduct and that, unless restrained, the respondent will continue that conduct or engage in acts designed to intimidate or retaliate. Sexual-violence cases instead require a finding of a risk or threat of physical harm or a threat of psychological or emotional harm. The burden in either case is a preponderance of the evidence.
  • No automatic expiration: A permanent civil protection order does not end on its own. The official order form, JDF 399, states that the order never expires, and under C.R.S. 13-14-108(4) the issuing court retains jurisdiction to enforce, modify, or dismiss it. Child-related provisions may carry their own end date and, under section 13-14-108(1), can terminate when a later order on the same subject is entered in a domestic-relations or dependency case.
  • Filing fees: Under C.R.S. 13-14-109(1)(a), the court may not assess a filing fee against a petitioner seeking a protection order as a victim of domestic violence, stalking, or sexual violence, and certified copies are provided at no cost. Section 13-14-109(2) also bars state and public agencies from charging those petitioners service-of-process fees.

Defending Against a Protection Order

A temporary order can affect daily life well before the permanent hearing, and it remains enforceable unless the court changes or dismisses it.

  • Permanent-order hearing defense: A properly served respondent should appear and should appear prepared. Under the version of C.R.S. 13-14-106(1)(a) in effect since January 1, 2025, if a properly served respondent fails to appear, the court must issue a permanent protection order by default without requiring additional evidence or testimony.
  • Challenges to insufficient evidence: We compare the allegations against objective records, test credibility, prepare witnesses, and challenge proof that does not meet the statutory standard.
  • Continuances: Under section 13-14-106(1)(b), each party may request one continuance of up to 14 days, which the court may grant on a finding of good cause. A longer continuance, up to one year past the hearing date, is available only when both parties are present and agree. The temporary order generally remains in effect during any continuance.
  • Related criminal exposure: Although the hearing is civil, testimony may overlap with a pending or potential criminal case. We address specific self-incrimination risks rather than assuming a consequence-free blanket right to remain silent.
  • Employment and military concerns: Depending on the order and the governing rules, the case may affect duty assignments, weapon access, security reviews, housing, or command decisions.

Firearm and Ammunition Restrictions

Firearm consequences vary with the findings the court makes. Under C.R.S. 13-14-105.5(1), mandatory Colorado restrictions apply when the court determines on the record that the protection order includes an act of domestic violence, as defined in C.R.S. 18-6-800.3(1), and that the act involved the use, attempted use, or threatened use of physical force. Any additional weapons terms written into the signed order also control.

When relinquishment applies, section 13-14-105.5(2)(a) sets the deadline at not more than 24 hours after service in open court or 48 hours after service outside of court, excluding legal holidays and weekends. The court may allow up to 24 additional hours if the respondent shows an inability to comply. If the respondent is in custody, section 13-14-105.5(3) sets the deadline at 24 hours after release.

Relinquishment itself must follow section 13-14-105.5(4), which permits transfer to a federally licensed firearms dealer, storage by a law enforcement agency or contracted facility, or transfer to a qualifying private party through a dealer-run background check.

The paperwork carries real consequences. Under section 13-14-105.5(5), the respondent must file an affidavit within seven business days identifying each firearm, and the court sets a compliance hearing 8 to 12 business days after the order issues. Failing to appear at that hearing is contempt of court. Under section 13-14-105.5(9), failing to timely relinquish or to file the required declaration is itself a violation of the protection order under C.R.S. 18-6-803.5(1)(c), and the court must issue a warrant for the respondent's arrest.

Federal law is separate. 18 U.S.C. 922(g)(8) reaches only an order that was issued after a hearing of which the person received actual notice and had an opportunity to participate, that restrains conduct toward an intimate partner or that partner's child, and that either includes a credible-threat finding or expressly prohibits the use, attempted use, or threatened use of physical force. An ex parte order ordinarily does not satisfy the federal hearing element, although the Colorado restrictions may still apply.

Modification and Dismissal

Only the court can change or end a civil protection order. Permission from the protected person does not authorize the restrained person to violate it.

  • Protected-person requests: Under C.R.S. 13-14-108(2)(a), a protected person may ask the issuing court at any time to modify or dismiss the order. The court decides. Form JDF 396 is used for this request.
  • Restrained-person requests: Under section 13-14-108(2)(b), a restrained person may not file a motion to modify or dismiss a permanent order within two years after the order was issued or within two years after the disposition of a prior motion. Form JDF 395 is used for this request.
  • Orders that cannot be modified: Under section 13-14-108(3)(a)(I), if the restrained person is convicted of or pleads guilty to any misdemeanor or felony against the protected person other than the original offense that formed the basis for the order, the protection order remains permanent and must not be modified or dismissed on the restrained person's motion.
  • Fingerprint checks: Under section 13-14-108(3)(b), the court will not consider a restrained person's motion without the results of a state and federal fingerprint-based criminal-history record check conducted within 90 days before the motion is filed. The restrained person supplies the fingerprints and pays the costs. Protected-person motions do not carry this requirement.
  • Burden and factors: Under section 13-14-108(5), the moving party must show by a preponderance of the evidence that modification is appropriate or that dismissal is appropriate because the order is no longer necessary. Section 13-14-108(6) lists the factors the court weighs, including compliance, completed treatment, elapsed time, later incidents, and the continued safety of the protected person.

Step 1: Review the Order and Immediate Risks

We review the order, the complaint, the service papers, the hearing notice, and any related cases. We identify the exact restrictions, any firearm and child provisions, and what evidence needs to be preserved right away.

Step 2: Prepare the Evidence and Court Filings

Preparation may include:

  • Organizing messages, emails, photographs, recordings, medical records, police reports, calendars, location data, and witness information
  • Selecting relevant, authentic, admissible evidence
  • Preparing subpoenas, exhibits, witnesses, motions, and the hearing presentation
  • Filing in a proper Colorado county, which under section 13-14-104.5(3) is any county where an act covered by the request occurred, where either party resides, or where either party is employed
  • Addressing personal service and any request for a legally permitted continuance

The current statewide packet includes JDF 400, the Guide to Civil Protection Orders, along with JDF 402 (Complaint or Motion), JDF 442 (Information Sheet), and, where they apply, JDF 401 (Incident Checklist), JDF 404 (Affidavit Regarding Children), and JDF 98 (Affidavit of Service). The court issues JDF 398 as the temporary order and JDF 399 as the permanent order.

Step 3: Present or Defend the Case in Court

At the hearing, the parties may present evidence, question witnesses, and make legal arguments. Our work may include:

  • Presenting the facts in a clear chronology tied to the statutory elements
  • Cross-examining adverse witnesses and testing the reliability of their accounts
  • Objecting to inadmissible or misleading evidence
  • Requesting terms that are legally supported and no broader than the evidence requires
  • Explaining no-contact, parenting, service, and firearm-compliance duties

No lawyer can guarantee a result. Thorough preparation helps ensure that the court receives the evidence and legal analysis it needs to decide the case.


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PROTECTION ORDER OUTCOMES WE WORK TO ACHIEVE

  • Meaningful protection through enforceable terms supported by the evidence when a petitioner faces qualifying abuse, threats, stalking, or sexual violence
  • Denial or dismissal when the requesting party does not prove the statutory requirements for continued relief
  • Precisely tailored restrictions that address proven safety concerns without unnecessary terms affecting housing, communication, work, or parenting
  • Coordinated child-related orders that account for safety, existing domestic-relations cases, and the court's limited temporary authority in a civil protection-order proceeding
  • Legally compliant firearm handling when relinquishment is ordered, together with guidance about return procedures after the order ends and any separate disqualification
  • Modification or dismissal when the statutory timing, record-check, service, and evidentiary requirements are satisfied

The consequences of violating an order can extend well beyond the civil case. In In re People v. Dilka, 2026 CO 12, decided March 2, 2026, the Colorado Supreme Court held that a criminal violation of a protection order under C.R.S. 18-6-803.5 is a crime against another person or property and can therefore serve as the predicate crime for second degree burglary. The court noted that this definition of protection order covers civil orders issued under Article 14 as well as mandatory criminal orders.

The safest rule is simple: follow every written term unless and until the court changes it.


WHAT YOU CAN EXPECT FROM OUR COLORADO SPRINGS TEAM

Our attorneys provide direct legal analysis, organized preparation, and courtroom advocacy based on the actual record. A petitioner seeking safety has different objectives from a respondent contesting allegations, a parent protecting a child relationship, or a service member facing duty-related consequences.

We prepare evidence, examine witnesses, make objections, present legal arguments, and pursue lawful relief. We do not promise a result or claim to control the judge's decision.


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AREAS WE SERVE

  • Colorado Springs and El Paso County
  • Fort Carson and surrounding military communities
  • Monument, Fountain, and Security-Widefield
  • Woodland Park and Teller County
  • Cañon City and Fremont County
  • Manitou Springs and Green Mountain Falls

Venue and court assignment depend on Colorado law and the facts of the case. Familiarity with filing procedures, local practices, and the governing statewide forms helps reduce avoidable delay and confusion.


FREQUENTLY ASKED QUESTIONS ABOUT COLORADO PROTECTION ORDERS

How much does a Colorado Springs protection-order lawyer cost?

Fees depend on whether the case requires an initial petition, a contested hearing, subpoenas, extensive exhibits, related litigation, or a later motion. Moran, Allen & Associates offers a free initial consultation and explains the proposed fee arrangement after reviewing the case.

Does a temporary protection order last only 14 days?

No. The 14-day rule in C.R.S. 13-14-104.5(10) governs when the permanent-order hearing must be set, not when the temporary order expires. Incomplete service or an authorized continuance can extend the temporary order to a later hearing date, and under section 13-14-104.5(8)(b) a court may continue a temporary order for as long as one year past the hearing date.

What happens if the respondent does not attend the hearing?

Under C.R.S. 13-14-106(1)(a), if a respondent was properly served with the temporary order and citation and then fails to appear, the court must issue a permanent protection order by default without requiring additional evidence or testimony. Nonappearance does not make the temporary order go away.

Does the petitioner have to attend the permanent hearing?

No. Section 13-14-106(1)(a) directs the court to encourage a petitioner to notify the respondent if the petitioner does not intend to appear, but the court may neither require attendance nor assess attorney fees or costs against a petitioner for choosing not to attend, outside the narrow exceptions in C.R.S. 13-17-102.

Can the protected person give permission for contact?

No. The protected person cannot privately suspend, waive, or rewrite the order, and JDF 399 states this on the order itself. Even invited or mutually desired contact can expose the restrained person to criminal consequences if the written order prohibits it. Only the court can modify or dismiss the order.

What happens to firearms if a protection order is issued?

The answer depends on the findings and the signed order. Colorado mandates relinquishment in qualifying domestic-violence cases involving actual, attempted, or threatened physical force, while federal law applies only when every element of 18 U.S.C. 922(g)(8) is satisfied.

If relinquishment is required, the respondent must meet the applicable 24-hour or 48-hour deadline, excluding weekends and legal holidays, lawfully transfer or store the items, file an affidavit within seven business days, and appear at the compliance hearing the court sets. Missing those steps can result in contempt, a new protection-order violation, and an arrest warrant.

After the order ends, return of a firearm still requires the applicable transfer and background-check procedures, and any separate firearm prohibition remains enforceable.

Can a protection order affect children and parenting time?

Yes. The court may order temporary care and control, parenting-time conditions or supervision, communication limits, denial of parenting time when safety cannot otherwise be protected, and qualifying interim decision-making relief.

This is not a full allocation-of-parental-responsibilities case. Child provisions may be time-limited or superseded by later domestic-relations orders.

Can a permanent protection order be modified or dismissed?

Yes, but only by court order. A protected person may file a request at any time. A restrained person must wait two years and must satisfy the other requirements, including the fingerprint-based record check, and cannot obtain modification at all after a qualifying later conviction against the protected person. The court decides.


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GET PROTECTION ORDER HELP TODAY

A protection-order case can affect safety, family relationships, housing, employment, military duties, and firearm possession. The written order and hearing notice should be reviewed immediately, and every current restriction should be followed precisely.

Contact Moran, Allen & Associates for a free consultation with a Colorado Springs protection-order attorney. Bring every page of the order, the complaint, proof of service, the hearing notice, related court orders, and the evidence you believe matters.


Michael T. Allen

Author

Michael T. Allen

Partner at Moran, Allen & Associates

Colorado Bar # 51125

When a family is facing a legal crisis, clients need more than legal knowledge. They need a lawyer who is prepared, steady under pressure, and honest about the road ahead. My experience as a felony prosecutor helps me evaluate difficult cases and advocate effectively, while my family law practice keeps the focus where it belongs - on the people whose lives will be shaped by the outcome.

Last reviewed: August 29, 2026

SOURCES AND OFFICIAL COLORADO RESOURCES

This page provides general legal information, not legal advice. Protection-order law and court forms can change, and the result of any case depends on its facts, evidence, procedure, and the orders entered by the court.

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