Domestic Violence & Protection Orders

Summary:  Domestic violence and abuse can take many different forms.  If a divorce case is filed, a preliminary restraining order to prevent abuse is in effect. Otherwise a civil protection (no contact) order can be obtained separately. Violation of such an order can result in imprisonment and fine.

Domestic Violence in Colorado

Domestic violence includes several different types of abuse which are designed to gain control, maintain control, or punish another person. They can include:

1. Physical harm to another, such as a spouse or child or pets;

2. Emotional abusive behavior, such as insults, threats, intimidation, and isolation;

3. Sexual exploitation;

4. Destruction of property; and

5. Using children to maintain control and power over their partners.

Often it results from an inequality in family relationships. A perceived unbalance of power.

In addition to being dangerous to the physical and emotional welfare of family members, their legal rights may also not be protected. In such a case, too often family decisions are based on fear and intimidation, instead of based on best interests.

A safety plan for victims of domestic violence should include the keeping of:

1. Some money available at all times;

2. Important documents, particularly insurance coverage, available;

3. Some clothes and necessities packed or at another location;

4. Extra keys to the home and vehicles; and

5. Phone numbers of police, family members, and others who can help.

The Automatic Restraining Order in a Colorado Divorce Case

If a petition for divorce is filed with a court, there is automatic restraining order (temporary injunction) which is a part of the petition and the summons. It enjoins either party from disturbing the peace of the other party or any child. CRS §14-10-108.

Otherwise, a civil protection order may be obtained in accordance with CRS §13-14-102. The abusive party can be kept away from the home and any place where the other party is employed or the children go to school. This is a “no contact” order.

Once a protection order is in place pursuant to either CRS §14-10-108 or CRS §13-14-102, a violation of such order will usually result in imprisonment and fine.

The Effect of a Domestic Violence Conviction

A domestic violence conviction has serious long-term consequences, because many employers will not hire a job applicant who has a record of domestic violence.