How Does a Colorado Temporary Protection Order Differ from a Restraining Order?

Many people use the word restraining order to refer to a Colorado temporary protection order, but there are some important differences between the two.

If you are involved in a family dispute or divorce action in the state of Colorado, you may be in need of a restraining order against your former spouse, but a Colorado temporary protection order is usually reserved for criminal cases or cases where domestic violence has occurred. 

However, there has always been confusion surrounding a court order like this.  A Colorado protection order usually arises from a criminal proceeding, while a restraining order usually accompanies an underlying lawsuit.  In the case of family law, the underlying lawsuit is most likely a divorce or legal separation.  However, a restraining order is not issued unless one of these legal actions exists. 

Since restraining orders must accompany an underlying lawsuit, they are not enforceable by the police. They are not criminal in nature, but rather are used to “restrain” the other party from doing specific things, such as transferring funds out of a bank account or showing up at the other party’s property or place of employment. 

Most family law attorneys will utilize a restraining order to prevent certain acts from continuing or from interrupting the legal action of a divorce.  However, a temporary injunction is automatically in place as soon as a divorce is filed. This court order restrains both parties in a divorce from molesting or disturbing the peace of the other, from transferring or concealing marital assets, or removing minor children from the state without the consent of the other party.  It also prevents each party from transferring insurance without 14 days notice or written consent.

A Colorado divorce attorney can help you better understand whether a Colorado temporary protective order should be used in your specific case.  For a free consultation, contact the law firm of Clawson & Clawson, LLP.