| Protection Orders
Protection order are issued by a County Court. It can protect you from being hit, threatened, harassed, or stalked by another person. The order may also stop someone from coming into your home or bothering you at work. It can stop them from buying a firearm or finding your address through most public records. It can also stop them from taking your minor children unless required by the court. Project Safeguard can help you with this process.
Where can I get a protection order?
You can get the forms from any courthouse. Project Safeguard will provide the forms to you and assist you thorugh the court process at no charge.
Who can get a protection order?
- Anyone who has been physically, emotionally or sexually abused or threatened by someone they have been married to, lived with, have a child with, or a dating relationship. Some examples may include: a current or former spouse, partner, parent of your child, current or former roommate, or current or former person you have dated.
- Anyone who has been stalked. Stalking is someone following you or repeated harassment that makes you feel scared or upset. A stalker can be someone you know or a stranger. They often bother people by giving them attention they do not want. This can be unwanted phone calls or gifts, or following people by going to where they work or live. It can also be threats to you or your family.
What should I bring?
- Notes about what has been going on. Make sure to tell everything. Include dates and details the best you can.
- Police reports, medical records, photographs, or witnesses if you can get them.
- Any information about the abuser - current address, date of birth or age, hair color, eye color, height, weight, address, Social Security number, or driver's license number.
- Any court papers you have if you can get them. For example, custody and/or parenting time orders, lease agreement, divorce papers, or criminal case records.
What should I expect when I get there?
- There is no cost to file for a domestic abuse protection order.
- It may take up to a half day to have a judge review your request. Most courts convene at 8:00 am. Check with us to determine the time at your courthouse.
- Forms are available from the clerk of courts office or the Project Safeguard Legal Advocate, located in the courthouse, will provide them to you and help you throught the process.
- If there is any information you would like to be kept private, such as your address, do not include it when filling out your forms. Ask the Project Safeguard Legal Advocate or Court Clerk for a confidential address form.
- Once you complete the forms, a Deputy Clerk in the County Clerk's Office will look them over and give you a judge and a case number. They will ask you about any other cases either of you may have.
- Take the paperwork to the Clerk's Office for filing. If you are working without a Project Safeguard Legal Advocate, the clerk will direct you to the correct courtroom.
- The judge or magistrate will call your case and ask you questions to determine if an order will be issued. The Project Safeguard Legal Advocatge will assist you in preparing for this step in the process.
- If a temporary order is issued, the clerk will give you copies and Project Safeguard will assist you in contacting the sheriff's department who will serve the order to your abuser.
- Once the order has been served, it will be put into a computer system that lets the police know there is an active protection order.
- A hearing will be set in about 14 days to decide if the order should be made permanent.
- The protection order is in effect as soon as the judge signs it. BUT you may have problems having the order enforced if the abuser has not been served. The abuser must be served with copies of everything you file with the Clerk's Office.The Project Safeguard Legal Advocate can explain this to you.
- You must file a Proof of Service form with the Clerk's Office. The court may have problems enforcing the protection order if Proof of Service is not in the court file.
- You do not have to let the abuser in your home because a court order says he/she can see the children. You can make other plans, such as having a friend or family member pick up and drop off the children. Or you can also meet at a police station or other public place. You may also ask for supervised parenting time through the court when you file your petition for the protection order.
- If you want your protection order removed, you must return to the courthouse where the order was given. You cannot change or remove the protection order by saying you no longer want it. Only the court can change or remove a protection order. The abuser can be arrested for violating a temporary order until it expires or until the court removes a permanent order. An abuser violates the order if he does something the order does not allow. Do not agree to anything the order restricts, or invite the abuser to violate the order.
- CARRY TWO COPIES OF YOUR PROTECTION ORDER WITH YOU AT ALL TIMES!! This will help police enforce the order if there is a violation and sometimes officers will want to place a copy of the orders with their report.
For help with protection orders in the Denver Metro area, call Project Safeguard.
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