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Civil Harassment Restraining Order in Colorado: The Civil Protection Order


IS THERE A CIVIL HARASSMENT RESTRAINING ORDER IN COLORADO?

Not by that name. "Civil harassment restraining order" is a California term, and Colorado's equivalent is a civil protection order under C.R.S. Title 13, Article 14, which many people still call a restraining order. A Colorado court can issue one to prevent assaults and threatened bodily harm, domestic abuse, emotional abuse of the elderly or an at-risk adult, sexual violence, or stalking (C.R.S. 13-14-104.5).

Harassment can support an order when it fits one of those grounds. Colorado's definitions count harassment as domestic abuse when it targets a current or former relative or someone the person lives or has lived with, and as domestic violence when it targets a current or former intimate partner (C.R.S. 13-14-101); the Judicial Branch's complaint form lists both as bases for a request. Repeated harassment by anyone else, such as a neighbor or coworker, may qualify if it amounts to stalking or threatened bodily harm.


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RESTRAINING ORDERS HELP STOP HARASSMENT

A civil harassment restraining order, which Colorado calls a civil protection order, is protection against harassment and abuse, including in domestic violence and divorce proceedings. Violating one can have severe consequences and can affect the restrained person's life, including arrest and criminal charges.

The phrase is a California one. There, Code of Civil Procedure section 527.6 provides a civil harassment restraining order for people such as roommates, neighbors and coworkers, according to California court self-help information. Colorado has no separate order for that situation; the same civil protection order covers family members, partners and people outside the family, as long as the conduct fits one of the statutory grounds.

Colorado's legislature has declared that protection orders "promote safety, reduce violence and other types of abuse" (C.R.S. 13-14-100.2). They matter especially for women who leave a marriage or intimate relationship: a multisite study published in the American Journal of Public Health in 2003 found that estrangement from an abusive partner, especially a controlling one, was associated with a higher risk that the woman would be killed by that partner.

Colorado's definitions of domestic abuse and domestic violence cover threats, harassment, stalking and coercion, not only physical assault, and the law protects anyone who qualifies, whatever his or her sex.

In general, these acts are about power and control over the victim. The legislature has said that domestic abuse "is not limited to physical threats of violence and harm" and includes mental and emotional abuse, financial control, document control and property control.

Domestic abuse as Colorado defines it can support a civil protection order that bars further contact, and conduct that is also a crime can lead to criminal charges, which a prosecutor files after a report to law enforcement. The two are separate: you do not need a police report or criminal charges to ask for a civil protection order (C.R.S. 13-14-104.5).

What Is a Civil Protection Order in Colorado?

A Colorado civil protection order is a court order issued by a Colorado judge or magistrate that requires the restrained person to stop the harassment or abuse, or face serious legal consequences for violating the order. Depending on the facts, it can:

  • Bar the restrained person from threatening, molesting or injuring you or a minor child of either party.
  • Bar contact, which Colorado defines to include indirect contact through a third party and electronic communication, including social media.
  • Exclude the restrained person from the family home, or from your home, where physical or emotional harm would otherwise result.
  • Bar interference with you at work or school, and protect animals owned or kept by you or your children.
  • When a county court issues the order, award temporary care and control of the parties' shared minor children for up to one year, which it must do if either party asks, and set conditions on parenting time (C.R.S. 13-14-105).
  • When it rests on domestic violence involving the threat, attempt or use of physical force, require the restrained person not to possess or buy firearms or ammunition and to give up any he or she has (C.R.S. 13-14-105.5).

These are court orders that help protect people like you from domestic violence, stalking, sexual violence and other forms of abuse and harassment. They can help provide the safety and security you need during a contentious divorce or separation, and the district court handling a dissolution of marriage case can issue them too. Our guide to restraining orders in a Colorado Springs divorce explains how they fit with the divorce itself.

If your spouse or partner behaves in a way that makes you feel unsafe, talk to a divorce lawyer promptly. Ask whether the lawyer handles civil protection orders in divorce and separation cases; criminal harassment charges are filed by prosecutors, not by a divorce lawyer.

If you believe you have been harassed or threatened, or you are facing any form of domestic violence or abuse in your divorce, contact your attorney right away. If you are in immediate danger, call 911.

A lawyer can guide you through the court paperwork to ask for a protection order against the person harassing you, and you can call the police yourself. The forms, including the JDF 400 Guide to Civil Protection Orders (revised January 9, 2025) and the JDF 402 complaint, are on the Judicial Branch's protection order self-help page.

What the Court Looks At

To obtain a temporary order, you do not have to prove that you are a stalking victim. At a hearing set "at the earliest possible time," which can be held without the other person present, the judge or magistrate decides whether "a risk or threat of physical harm or the threat of psychological or emotional harm exists" to you (C.R.S. 13-14-104.5).

Before January 1, 2025, a temporary order required a finding that "an imminent danger exists"; HB24-1122 replaced it. The court now considers "all relevant evidence concerning the safety and protection" of the person asking, "regardless of when an incident occurred" or whether a criminal protection order already exists.

Since August 12, 2026, SB26-085 also requires the court to consider an existing military protection order when deciding on a temporary order, which matters for families connected to Fort Carson and the area's other installations.

When a request rests on stalking, Colorado's stalking law uses a reasonable person test. Repeated contact without a threat counts only if it would cause a reasonable person to suffer serious emotional distress and actually does, and a credible threat is one that would cause a reasonable person to fear for his or her safety (C.R.S. 18-3-602).


HOW MUCH DOES A RESTRAINING ORDER COST IN COLORADO?

The court may not charge a filing fee if it determines you are seeking the order as a victim of domestic violence, stalking or sexual violence (C.R.S. 13-14-109). Otherwise, the court may charge one, and the Judicial Branch's List of Fees shows $95 for a protection order in county court, as of its January 2025 publication.

Domestic violence here means abuse by a current or former intimate partner. The current no-fee list does not name domestic abuse by a relative or household member, so a request based only on that ground can carry the fee unless the facts also involve stalking or sexual violence. If you cannot afford it, you can ask the court to waive it.

SituationCostWhere in the law
Victim of domestic violence, stalking or sexual violenceNo filing fee, and no public agency may charge you to serve the orderC.R.S. 13-14-109(1)(a), (2)
Other civil protection orders in county court, including domestic abuse by a relative or household member with no stalking or sexual violence$95 filing fee may be charged (subject to change)C.R.S. 13-14-109(1)(a); Judicial Branch List of Fees
You cannot afford the feeAsk the court to waive it with a Motion to Waive Fees (JDF 205)JDF 400 guide
Costs or attorney fees against the person askingGenerally none may be awardedC.R.S. 13-14-109(1)(b)
At the permanent hearingThe court may order the restrained person to pay the filing and service fees and reimburse your costsC.R.S. 13-14-109(3)

If you face a person capable of stalking, harassment or worse, you may want someone at your side to help you resolve the problem. The Colorado Department of Human Services' Domestic Violence Program funds local advocacy organizations whose services are free, voluntary and confidential, and its survivor resources page explains how to find one near you.

If you already have a temporary order, police enforce it, and a lawyer in Colorado Springs can help you prepare for the permanent hearing. We can help you request a protection order, respond to one, or ask the court to enforce or modify one. If you are being harassed or have concerns about sexual assault during a marriage or divorce, talk with a family law attorney without delay.

A restrained person who violates the order can be held in contempt of court or prosecuted for the crime of violating a protection order (C.R.S. 13-14-107). Under C.R.S. 18-6-803.5, that crime is a class 2 misdemeanor, or a class 1 misdemeanor if, for example, the person has a prior conviction for violating a protection order, the basis for the order included an allegation of stalking, or the parties were in an intimate relationship.

For offenses committed on or after March 1, 2022, a class 2 misdemeanor carries up to 120 days in jail, a fine of up to $750, or both, and a class 1 misdemeanor up to 364 days, a fine of up to $1,000, or both (C.R.S. 18-1.3-501).

For many people, an order and the penalties behind it help end the harassment and abuse. In the National Institute of Justice-funded Kentucky Civil Protective Order Study (2009), only half of the women reported a violation during the six-month follow-up, and protection orders were associated with significant reductions in abuse, violence and fear. An order does not stop everyone, so keep a safety plan.


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IS IT HARD TO GET A RESTRAINING ORDER IN COLORADO?

The process is designed to be accessible. Colorado's legislature set up "a simplified civil process" for protection orders, and a temporary order can be issued at a hearing held without the other person present, although the judge or magistrate must still find that the legal standard is met. That is something to keep in mind in any domestic quarrel, whichever side you are on.

How to Ask for an Order in El Paso and Teller Counties

StepWhat happensWhere in the law
1. FileComplete the verified complaint (JDF 402) and file it in a county where an incident occurred or where either party lives or works. El Paso County: Clerk's Office, Room S101, El Paso County Judicial Building, 270 S. Tejon Street; petitions filed from 7:30 to 9:30 a.m. are heard that day, later ones the next business day. Teller County: complaints filed by 10:00 a.m. on a business day are heard that day at 11:45 a.m. at the Teller County Courthouse in Cripple Creek.C.R.S. 13-14-104.5(3); El Paso County Judicial Building and Teller County courts pages
2. Temporary hearingA judge or magistrate hears you, may ask questions, and decides whether to issue a temporary order. The other person does not have to be present.C.R.S. 13-14-104.5(4), (7)
3. ServiceThe restrained person must be personally served with the complaint, the temporary order and the citation, for example by the sheriff, a private process server or an adult who is not a party.C.R.S. 13-14-104.5(9); Judicial Branch self-help page
4. Permanent hearingSet no more than 14 days after the temporary order (later if service is not complete). The court decides by a preponderance of the evidence, and if a properly served respondent does not appear, it must enter the permanent order by default.C.R.S. 13-14-104.5(10); C.R.S. 13-14-106

When the courts are closed, a peace officer can ask an on-call judge for an emergency protection order, which expires no later than the close of the next court business day unless the court continues it (C.R.S. 13-14-103).

If You Are Accused of Harassment

If you are in a divorce and have been arrested in Colorado for harassment, talk with a criminal defense lawyer promptly; the criminal case runs separately from the divorce. When a person is charged with a crime under Colorado's criminal code, which includes harassment, a mandatory protection order takes effect at the arraignment or first court appearance. It bars harassing, molesting or intimidating the alleged victim and witnesses, and it does not prevent a court from issuing a civil protection order as well (C.R.S. 18-1-1001).

Anyone accused of harassment should contact a lawyer, learn the law behind the charge (criminal harassment is defined in C.R.S. 18-9-111), and understand what conduct led to it. If you are served with a civil protection order, no written response is required; your chance to respond is the permanent hearing.

Above all, do not violate the terms of the order, even if the protected person contacts you. The Judicial Branch's guide states that the protected person cannot give you permission to violate the order, and only the court can modify or dismiss it.

What Happens If the Order Is Violated

A protection order can prohibit any contact with the protected person, including through third parties and social media, and can require the restrained person to stop any further harassment. If police have probable cause to believe a restrained person who was served with the order, or knew of it, has violated or tried to violate it, they must arrest the person or, if an arrest would be impractical, seek a warrant, with limited exceptions (C.R.S. 18-6-803.5).

Colorado has serious penalties for failing to obey a civil protection order, and the restrained person could face other charges as well, such as stalking, which is a class 4 felony when committed while a temporary or permanent protection order is in effect (C.R.S. 18-3-602).

Contempt, the other way a violation can be punished, is explained in our article on contempt of court in Colorado Springs. When abuse also affects the children, our article on how domestic violence affects child custody explains how Colorado courts handle parenting decisions.


HOW LONG A CIVIL PROTECTION ORDER LASTS

A temporary order generally lasts until the permanent hearing, although the court can continue it in some situations, and in a dissolution of marriage case the court may continue it until the decree if both parties agree (C.R.S. 13-14-104.5, 13-14-106). A permanent order does not expire on its own. The Judicial Branch's permanent order form, JDF 399, states that the order "never expires," and it stays in place until the court modifies or dismisses it (C.R.S. 13-14-108).

Terms giving temporary care and control of the children or excluding a party from the family home end when a later order on the same subject is entered under the divorce statutes, the interstate child-custody act or the Children's Code.

  • The protected person can ask the court to modify or dismiss the order at any time.
  • The restrained person must wait two years after the permanent order was issued, or after a prior motion was decided, and must provide a fingerprint-based criminal history check done within 90 days before filing.
  • The person asking for the change must prove by a preponderance of the evidence that it is appropriate.
  • A new conviction after the permanent order, for a misdemeanor or felony against the protected person other than the original offense, means the order stays permanent and cannot be changed on the restrained person's motion.

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FREQUENTLY ASKED QUESTIONS

Does Colorado Have Civil Harassment Restraining Orders?

Not by that name. Colorado's equivalent is the civil protection order under C.R.S. Title 13, Article 14, which can be issued to prevent assaults and threatened bodily harm, domestic abuse, emotional abuse of the elderly or an at-risk adult, sexual violence, or stalking.

Can I Get a Protection Order Against a Neighbor or Coworker in Colorado?

Yes, if the conduct fits one of the statutory grounds, such as assault or threatened bodily harm, stalking or sexual violence, which do not require a family or dating relationship. Harassment that does not reach one of those grounds may not support a civil protection order.

How Much Does a Protection Order Cost in Colorado?

There is no filing fee when the court determines you are seeking the order as a victim of domestic violence (abuse by a current or former intimate partner), stalking or sexual violence. Other requests, including those based only on domestic abuse by a relative or household member, may be charged the $95 county court fee shown on the Judicial Branch's List of Fees. You can ask the court to waive fees you cannot afford.

How Fast Can I Get a Temporary Protection Order in El Paso County?

Petitions filed at the El Paso County Judicial Building Clerk's Office, Room S101, between 7:30 and 9:30 a.m. on a business day are heard that day, and later petitions are heard the next business day. When the courts are closed, a peace officer can ask an on-call judge for an emergency protection order.

How Long Does a Permanent Protection Order Last in Colorado?

It does not expire on its own; it stays in place until the court modifies or dismisses it. The protected person can ask for a change at any time, but the restrained person must wait two years after the permanent order was issued (or after a prior motion was decided) and provide a fingerprint-based background check done within the 90 days before filing.


TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY

Whether you need protection or have been served with an order, the details matter: the grounds, what the order says about your home and your children, and how it fits with a divorce or parenting case. Moran, Allen & Associates Family Law Attorneys can talk through your situation in El Paso or Teller County.

Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation. If you are in immediate danger, call 911.

This article is general information about Colorado law as of October 2026 and is not legal advice. Laws, court procedures, local filing times and fees change, so speak with a licensed Colorado attorney about your own situation.


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: October 20, 2026

SOURCES

Research references

  • Jacquelyn C. Campbell and colleagues, "Risk Factors for Femicide in Abusive Relationships: Results From a Multisite Case Control Study," American Journal of Public Health 93(7), 1089 to 1097, 2003.
  • TK Logan, Robert Walker, William Hoyt and Teri Faragher, "The Kentucky Civil Protective Order Study: A Rural and Urban Multiple Perspective Study of Protective Order Violation Consequences, Responses, and Cost," National Institute of Justice grant report, document 228350, September 2009.
  • Tuolumne County, California, trial court self-help page, "Civil Harassment" (California Code of Civil Procedure section 527.6).

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