INSTRUCTIONS
FOR
OBTAINING
A CIVIL
PROTECTION
ORDER
These
standard
instructions
are
for
informational
purposes
only
and
do
not
constitute
legal
advice
about
your
case.
If
you
choose
to
represent
yourself,
you
are
bound
by
the
same
rules
and
procedures
as
an
attorney.
GENERAL
INFORMATION
BEFORE
YOU FILE
YOUR
COMPLAINT/MOTION
u
A
temporary
or
permanent
civil
protection
order
may be
issued
against
an adult
or a
juvenile
who is
ten
years of
age or
older
for any
of the
following
purposes:
To
prevent
stalking,
domestic
abuse,
sexual
assault,
physical
assault
and
threatened
bodily
harm;
and to
prevent
emotional
abuse of
the
elderly
or an
at-risk
adult.
u
Venue is
proper
in any
county
where
the acts
that are
the
subject
of the
complaint/motion
occur,
in any
county
where
one of
the
parties
resides,
or in
any
county
where
one of
the
parties
is
employed.
u
To
obtain
an order
for
custody
of minor
children,
you will
need to
file a
district
court
domestic
relations
case.
u
For
additional
information,
please
review
Colorado
Revised
Statute
§13-14-102.
u
If you
have a
disability
and need
a
reasonable
accommodation
to
access
the
courts,
please
contact
your
local
ADA
Coordinator.
Contact
information
can be
obtained
from the
following
website:
http://www.courts.state.co.us/chs/court/ada/coordinators.htm
COMMON
TERMS
Ö
Petitioner/Plaintiff:
The
person
or
business
entity
filing a
Complaint/Motion
against
a
person.
Ö
Defendant/Respondent:
The
person
that the
Complaint/Motion
is filed
against.
Ö
Complaint/Motion:
Document
that
officially
commences
the
Protection
Order
process.
Ö
Domestic
Violence:
An act
or
threatened
act of
violence
where an
intimate
relationship
exists
or
existed
between
the
parties.
Ö
Protected
Party:
The
person,
persons,
or
business
entity
who was
granted
a
protection
order.
Ö
Restrained
Party:
The
person
who is
to
remain
away
from
making
contact
with
another
person(s)
or
business
entity.
Ö
May:
In legal
terms,
“may” is
defined
as
“optional”
or
“can.”
Ö
Shall:
In legal
terms,
“shall”
is
defined
as
“required.”
|
If you do not understand this information, please contact an attorney.
|
FEES
The
Court
may
assess a
filing
fee to
the
Party
seeking
a
protection
order.
The
filing
fee is
$46.00
except
when the
Party
seeking
a
protection
order is
a victim
of
domestic
abuse,
stalking,
sexual
assault
or
unlawful
sexual
contact.
If the
Party
seeking
a
protection
order is
not
required
to pay
the
filing
fee, the
Court
may
assess
the
filing
fee,
service-of-process
fees and
attorney
fees
against
the
Restrained
Party at
the
Permanent
Protection
Order
Hearing.
Other
fees
that you
may
encounter
are as
follows:
q
Copy of
Documents
$ .75
per page
q
Certification
Fee
$10.00
per
document
q
Service
Fee
Varies
(payable
to
process
server)
FORMS
To
access a
form
online
go to
www.courts.state.co.us
and
click on
the
“Self-Help
Center”.
Forms
are
available
in PDF
or WORD
under
the
Protection
Order
Section.
You may
complete
a form
online
or you
may
print it
and type
or print
legibly
in black
ink.
q
JDF
401
Incident
Checklist
q
JDF
402
Verified
Complaint/Motion
for
Protection
Order
q
JDF
404
Affidavit
Regarding
Children
q
JDF
442
Information
Sheet
for
Registering
a
Protection
Order
STEPS TO
FILING
YOUR
CASE
Step1:
Complete
Appropriate
Forms.
Please
refer to
the list
of
required
forms
above to
determine
which
forms
must be
submitted
based on
your
individual
circumstances.
q
Contact
the
Court
where
you plan
to file
your
case for
specific
days or
times
when
protection
order
hearings
are
scheduled
and to
determine
if they
have any
other
filing
requirements.
q
The
caption
below
needs to
be
completed
on all
forms
filed.
|
 qMunicipal Court qCounty Court qDistrict Court qDenver Juvenile qDenver Probate
_________________________________________ County, Colorado
Court Address:
Plaintiff/Petitioner: ___________________________________
Address: _________________________________________
_________________________________________
v.
Defendant/Respondent: ___________________________________
Address: _________________________________________
|
COURT USE ONLY
Case Number:
Division Courtroom |
NAME OF FORM
|
q
Verified
Complaint/Motion
for
Protection
Order (JDF
402).
q
Complete
all
necessary
information
on the
form.
q
Be
specific
and
provide
complete
information
identifying
why you
are
seeking
a
protection
order.
q
If you
want to
have
your
address
left out
of the
pleadings,
check
box #6
on the
Complaint/Motion.
q
This
Complaint/Motion
must be
signed
in the
presence
of a
Court
Clerk or
Notary
Public
q
Incident
Checklist
(JDF
401).
q
You may
complete
this
form to
help you
prepare
for your
hearing.
q
You may
keep it
or you
may file
it with
your
Verified
Complaint/Motion.
q
If you
do file
this
form, it
will
become a
part of
the
public
record
and will
be
served
on the
other
party as
a part
of the
Complaint/Motion.
q
Affidavit
Regarding
Children
(JDF
404).
q
If you
intend
to ask
for
temporary
care and
control,
interim
decision-making,
or
parenting
time for
the
children
or a
protection
order
for the
benefit
of any
minor
child,
you must
complete
this
form.
q
This
Affidavit
must be
signed
in the
presence
of a
Court
Clerk or
Notary
Public
q
Information
Sheet
for
Registering
a
Protection
Order (JDF
442).
q
Complete
this
form and
attach
it to
the
Verified
Complaint/Motion
for
Protection
Order (JDF
402).
q
It is
critical
that the
information
be
complete
and
accurate
for
enforcement
of the
protection
order.
Step
2:
You
are
ready to
file
your
papers
with the
Court.
q
Provide
the
Court
with the
documents
completed
as
described
in Step
1
above.
q
If the
Complaint/Motion
and/or
Affidavit
have not
been
signed
in the
presence
of a
Notary
Public,
you will
sign the
Complaint/Motion
and/or
Affidavit
before
the
Court at
this
time.
Step
3:
Temporary
Protection
Order
Hearing.
q
Be
prepared
as you
may be
asked
questions
about
your
request
to
obtain a
temporary
protection
order
and any
issues
regarding
the
children,
if
applicable.
q
If the
Court
grants a
temporary
protection
order,
you will
be
provided
with a
written
Order
stating
such.
q
When you
receive
the
Temporary
Protection
Order,
you need
to do
the
following:
q
Obtain
Certified
Copies
of the
Order.
The
number
of
copies
will
vary
based on
your
circumstances.
q
You
will
need one
for
yourself
and one
to serve
the
Restrained
Party.
q
If you
were
awarded
temporary
care and
control,
parenting
time
and/or
interim
decision-making
of the
minor
children
or if
the
Restrained
Party
was
ordered
to have
no
contact
with the
minor
children,
you
may need
copies
for your
work,
children’s
school,
daycare
provider,
etc.
q
Remember
to carry
a copy
of the
Protection
Order
and
Affidavit/Certificate
of
Service
at all
times.
Step
4:
Complete
Personal
Service.
You
shall
complete
personal
service
on the
other
party
with a
copy of
the
Complaint/Motion,
Temporary
Protection
Order
and
Affidavit/Certificate
of
Service
per rule
4(e) of
the
Colorado
Rules of
Civil
Procedure
prior to
your
Permanent
Orders
Hearing
or next
hearing
date set
by the
Court.
The
Permanent
Orders
hearing
is
usually
set
within
14 days
from
your
Temporary
Orders
Hearing
or the
Court
may set
a future
hearing
date to
address
parenting
time and
decision-making
responsibilities.
Helpful
Hints to
complete
personal
service:
q
Take a
copy of
the
Complaint/Motion,
Temporary
Protection
Order,
and
Affidavit/Certificate
of
Service
to the
sheriff,
a
private
process
server,
or
someone
you know
who is
18 years
or
older,
who is
not a
party to
the
case,
and who
knows
the
rules of
service
to serve
the
Defendant.
q
Be sure
to
direct
the
sheriff,
private
process
server,
or
person
serving
the
documents
to
return
the
original
and copy
of the
Affidavit/Certificate
of
Service
to you.
q
Remember
to bring
the
original
to Court
on the
day of
your
Permanent
Orders
Hearing.
q
Carry
the
returned
Affidavit/Certificate
of
Service
with you
along
with
your
Temporary
Protection
Order.
You may
need to
provide
both
forms to
law
enforcement.
q
If
personal
service
cannot
be
completed,
inquire
with the
Court to
determine
what
other
steps
can be
taken to
complete
service.
Step
5:
Permanent
Orders
Hearing.
Ask the
Court
for
information
or there
may be a
victim’s
advocate
program
in your
area
that can
provide
help.
You may
call
witnesses
and
present
evidence
if you
wish.
The
Court
will
issue
subpoenas
for
witnesses
you
need.
q
If you
obtained
a
Temporary
Protection
Order,
you
must:
u
Appear
at the
permanent
orders
hearing
or the
next
hearing
date set
by the
Court on
the date
and time
scheduled
in the
Order
or your
Temporary
Protection
Order
will
automatically
expire.
u
Bring
the
original
Affidavit/Certificate
of
Service
and
submit
it to
the
Court.
q
If the
Court
grants
the
Permanent
Protection
Order,
you will
be
provided
with a
written
order
stating
such.
When you
receive
the
Permanent
Protection
Order,
you need
to do
the
following:
q
Obtain
Certified
Copies
of the
Order.
The
number
of
copies
will
vary
based on
your
circumstances.
q
You will
need one
for
yourself
and one
to serve
the
Restrained
Party.
q
If the
Restrained
Party
was
ordered
to have
no
contact
with
minor
children,
you
may need
copies
for your
work,
children’s
school,
daycare
provider,
etc.
q
If the
Restrained
Party is
present
during
the
hearing,
the
Court
will
submit
the
Order to
him/her
and
personal
service
is not
necessary.
q
If the
Restrained
Party is
not
present
and the
Permanent
Protection
Order is
different
from the
Temporary
Protection
Order,
you must
complete
personal
service.
Helpful
Hints to
complete
personal
service:
q
Take a
copy of
the
Complaint,
Permanent
Protection
Order,
and
Affidavit/Certificate
of
Service
to the
sheriff,
a
private
process
server,
or
someone
you know
who is
18 years
or
older,
who is
not a
party to
the
case,
and who
knows
the
rules of
service
to serve
the
Defendant.
q
Be sure
to
direct
the
sheriff,
private
process
server,
or
person
serving
the
order to
return a
copy of
the
Affidavit/Certificate
of
Service
to you
and to
file the
original
with the
Court as
soon as
possible
after
service
has been
completed.
q
If
personal
service
cannot
be
completed,
inquire
with the
Court to
determine
what
further
steps
can be
taken.
Remember
to
carry
a
copy
of
the
Order
and
Affidavit/Certificate
of
Service
at
all
times.
The information on
this website is for informational
purposes only and does not
constitute legal advice.
For more
information
about
civil
protection orders for the state of Colorado, check
out
http://www.womenslaw.org/CO/CO_how_to.htm
for more
information. The
information above was gathered from
.http://www.courts.state.co.us/chs/court/forms/restrainingorderforms/jdf400.doc. |
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