Fort Collins Temporary Protection Order (TPO) and
Permanent Protection Order (PPO)
A Weld County or Larimer County Temporary Protection Order (TRO) is a way to very quickly get law enforcement and the Courts involved in protecting you if you have been harmed (physically or mentally), harassed or threatened with harm in a domestic relationship. TPO’s are commonly referred to as a Restraining Order. A TPO prevents the restrained person from any communication or physical contact with the victim (within a certain distance) at home, school, work and other locations. A TPO is a civil matter used in domestic cases. Two weeks after going to Court and receiving a Temporary Protection Order the order can be modified or made into a Permanent Protection Order (PPO).
How to get a Temporary Protection Order in Larimer County
You do not need an attorney to get a TPO, the forms are available here http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=24. At Mitch Tacy Family Law Attorney & Mediator we highly recommend that you consult with an attorney before you try to get a Colorado TPO on your own. Your safety and that of your family is not a place where you want risk being unsuccessful in obtaining a TPO. Please hire an experienced Larimer County or Weld attorney.
You must take your completed forms and evidence to the Larimer County Court House or Weld County Court House and file it with the Clerk of Courts. TPO hearings are held everyday (Monday-Friday). In Larimer County if you appear before 10:00 you will be heard by 11:30. If you arrive after 10:00, your hearing will be held at 4:30. Protect yourself by being prepared with evidence and witnesses (if any) of the harm or threat of harm that was done to you. You will need to convince the Court there is a necessity for a TPO and bring evidence to support the claim, that may include: phone records, pictures, eye-witnesses, letters, e-mails, text messages and soocial media posts.
If you are granted a TPO you must have the TPO served by a process server or police officer. A Proof of Service needs to be filed with the Court prior to PPO hearing. Keep the TPO on your person at all times and if the order is violated call the police immediately and produce the TPO.
Turn a TPO into a PPO
At the hearing to make the TPO into a PPO you will again need to prove to the Court that there is a danger of imminent injury to the life or health of one or more persons seeking the PPO and that you will continue to need protection from that individual. The hearing is just like a trial the other party may be represented by an attorney, they may have witnesses, can call witnesses and like you can cross examine witnesses.
If you find yourself needing a TPO you should strongly consider hiring an experienced attorney to help you obtain a TPO and PPO. There is a good chance that the accused will hire an attorney for the PPO hearing to refute your claims. The outcome of the hearing may impact your divorce and/or child custody and parenting time issues.
Mitch Tacy Family Law Attorney & Mediator has experience with successfully obtaining both TRO’s and PPO’s.
If you can not afford an attorney a good resource in Larmier County for domestic abuse is http://www.crossroadssafehouse.org/. You will find helpful phone numbers and victim assistance at Crossroads Safe House.
Take Temporary Protection Orders Seriously
If you have been served with a Temporary Protection Order you MUST NOT violate that order. Do not contact that person (in person or via phone, e-mail, mail or third person) for any reason until after your Court appearance and have proof that the TPO has been vacated. Even if the person who had you served with a TPO is desperately trying to reach you and begging you to respond, you are to have no contact with the person or people named in the TPO (this may also include your children).
After you have been served with a TPO you have to wait 14 days until you can appear in Court and contest the TPO. This is your only chance to tell your side of the story and avoid having the TPO become a PPO.
If you have been unfairly served with a Temporary Protection Order it is extremely important that you take it seriously and understand what the consequences are if you violate the TPO and/or if the TPO is made into a Permanent Protection Order (PPO). You should immediately seek the advice of an attorney as the ramifications of a PPO and violation or a TPO can affect you for a lifetime.
Some people make the mistake of not defending themselves in Court at the hearing that will make the Temporary Protection Order a Permanent Protection Order because they have no intention of contacting the person that filed the Temporary Protection Order against them. This is a big mistake. Permanent Protection Orders are permanent (as in for the rest of your life), unless you take action to have the order vacated. Be ready for your Court appearance with evidence that you are innocent. Bring e-mails, texts, witnesses, work time sheets and anything you can find to prove that you are innocent and pose no threat (mentally or physically). Make a good impression by dressing professionally for Court.
If you get a Permanent Protective Order
The fact that you have a PPO is now on the record. The PPO will show up when anyone runs a background check on you. This may be a bank, a prospective employer or a potential landlord. A PPO may prevent you from getting a security clearance to obtain a new job, volunteering for your child’s school or your favorite charity or renting a home. There may be places where you can not go and people you can not speak to with out being arrested.
If someone has gone to Court to obtain a Temporary Protection Order against you and you never stalked, harmed or threatened to harm that person, what is going to prevent the person who falsely accused you from calling the police and accusing you of violating that order? If this happens you will likely be going to jail. You will need to be bailed out of jail and will likely have to hire an attorney to defend you. Take steps now to clear yourself of an unwarranted permanent protection order.
Parenting Time and Child Custody in Temporary Protection Orders
A TRO may name your children. This can have serious ramifications in your ability to parent your children. You should seek legal counsel immediately upon receiving a TRO.
How to Modify or Dismiss a PPO
You or your attorney must take action and file a motion with the Court. A hearing will be scheduled and you will have a chance to prove why a PPO is no longer necessary. You may have a long wait ahead of you to be heard in Court.
For a Permanent Protection Order issued on or after July 1, 2013: To file a Motion to Modify or Dismiss a Protection Order with the Court, two years must have passed after issuance of the Permanent Protection Order or after disposition of any prior motion.
For a Permanent Protection Order issued prior to July 1, 2013: To file a Motion to Modify or Dismiss a Protection Order with the Court, four years must have passed after issuance of the Permanent Protection Order or after disposition of any prior motion.
There can be significant restrictions on your PPO that you should be aware of, one of them is a person with a PPO that is related to domestic violence shall not possess and/or purchase a firearm or ammunition and must relinquish any guns and ammunition they already own. You will be treated as a felon and will be arrested if you possess weapons of any kind.
Mitch Tacy Family Law Attorney & Mediator has successfully defended individuals at Temporary Protection Orders hearings.
Mitch Tacy Family Law Attorney & Mediator
155 E. Boardwalk Drive, Suite 464, Fort Collins, CO 80525
1635 Foxtrail Drive, Suite 356, Loveland, CO 80538
970-214-8840
www.tacylaw.com
