The 5 Types of Restraining Orders in Colorado: A Guide to Choosing the Right Legal Action
Colorado has five types of restraining orders, and the differences between them matter. Who can request each one, how long it lasts and what it allows or prohibits varies depending on the type. Knowing which one you are dealing with is the first step before deciding what to do next.
Emergency Protection Orders: Issued on the Spot, Expire the Next Business Day
An Emergency Protection Order is the shortest-lived and most urgent type of restraining order in Colorado. It is issued by an on-call judge outside of regular court hours, including nights, weekends and holidays. Law enforcement officers can help a petitioner obtain one when the courthouse is closed.
The order is issued ex parte, meaning without the other party present. It does not require a hearing. Its purpose is to provide immediate, short-term protection when waiting for the courthouse to open is not safe.
An EPO remains in effect only until the next business day when the courts reopen. At that point, it expires automatically. If the petitioner wants ongoing protection, the next step is to request a Temporary Civil Protection Order from the court.
Temporary and Permanent Civil Protection Orders: The Standard Two-Step Process
The Temporary Civil Protection Order (TPO) and the Permanent Civil Protection Order (PPO) are the most common types in Colorado. They follow a set sequence.
A TPO is requested by the petitioner and issued by a judge the same day, also ex parte. The restrained party is not present when it is issued. The TPO remains in effect until the permanent order hearing, which must be scheduled within 14 days. For information on how to prepare for that hearing, see what happens at the permanent order hearing.
A PPO is issued after the permanent order hearing, where both parties are present and can present evidence and call witnesses. If the court finds that the petitioner has met the legal standard, the order becomes permanent. A PPO has no automatic expiration date. It remains in effect indefinitely unless the court modifies or dismisses it. From the moment the PPO is issued, the respondent is prohibited from possessing firearms or ammunition.
Permanent Civil Protection Order: Key Restrictions
| PPO Restriction | Details |
|---|---|
| Contact | No contact of any kind with the protected person unless modified by court order |
| Proximity | Must stay a specified distance from the protected person's home, workplace and school |
| Firearms | Prohibited from possessing firearms or ammunition for the duration of the order |
| Expiration | No automatic expiration date. Order remains in effect until modified or dismissed by the court |
| Removal eligibility | Respondent cannot request removal before two years from the date the order became permanent |
Mandatory Protection Orders: Automatic in Criminal Cases
A Mandatory Protection Order (MPO) is issued automatically by the judge when criminal charges are filed. The victim does not need to request it. It is a condition of the defendant's release and takes effect immediately upon the filing of criminal charges.
The MPO remains in effect until the criminal case concludes, including any sentencing period. When the criminal case ends, the MPO expires automatically.
A civil protection order and a mandatory protection order are entirely separate legal instruments. Both can be active at the same time in cases involving domestic violence. When the criminal case ends and the MPO expires, any CPO that was issued separately continues in effect.
Important
If you have both an MPO and a CPO active simultaneously, each must be addressed through its own legal process. The resolution of one does not affect the other. Barrie can evaluate both orders together to identify which options are available and in what sequence.
Extreme Risk Protection Orders: Specifically About Firearms
An Extreme Risk Protection Order (ERPO) is the most specific type of restraining order in Colorado. It focuses exclusively on firearm access. An ERPO requires the respondent to surrender all firearms and ammunition and prohibits purchasing or acquiring new ones.
An ERPO can be filed by law enforcement officers or sheriffs, family members related by blood or marriage or someone who has lived with the respondent within the past six months. Unlike other protection orders, an ERPO does not require that an act of violence has already occurred. It can be based solely on a showing of risk of harm to the respondent or to others.
The respondent has the right to a hearing to contest the ERPO. In cases where a civil protection order based on domestic violence already exists, firearms restrictions apply through that order. An ERPO can serve as an additional or alternative instrument when those circumstances apply.
Which Type of Order You Have Changes What Your Options Are
The available legal options depend entirely on which type of order is in place. A recent TPO means there is a hearing within 14 days, and preparation time is limited. A PPO that has been in effect for over two years may be eligible for modification or dismissal. An MPO tied to a criminal case expires when that case ends, but any CPO issued separately continues.
For a summary of those processes, see how to modify a civil protection order in Colorado. In all three situations, the civil protection order attorneys at Newberger King can review what type of order is active and advise on which steps are available.
Colorado's 5 Types of Restraining Orders — Quick Reference
| Type | Who Can Request | Duration | Ex Parte? | Key Purpose |
|---|---|---|---|---|
| Emergency (EPO) | Law enforcement only | Until next business day | Yes | Immediate danger — issued without a hearing |
| Temporary Civil (TPO) | Any petitioner | Until permanent hearing (~14 days) | Yes | Bridge to full hearing; issued same day |
| Permanent Civil (PPO) | Any petitioner | No expiration date | No | Issued after full hearing; both parties present |
| Mandatory (MPO) | Issued automatically by judge | Until criminal case ends | N/A | Auto-issued when criminal charges are filed |
| Extreme Risk (ERPO) | Law enforcement or family member | Up to 364 days | Yes | Firearm-specific removal order |
Talk to Barrie to Understand What You're Dealing With
Whether you have a temporary order heading to a hearing, a permanent order you want to challenge or a mandatory order tied to a criminal case, the path forward depends on the specific type of order and where you are in the process. Barrie has handled civil protection order cases across La Plata County and Southwest Colorado for over 12 years. A free confidential consultation takes about 20 minutes and gives you a clear answer on where you stand.
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The terms are used interchangeably in Colorado. Both refer to court orders restricting contact or proximity between two parties.
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Yes. A civil protection order and a mandatory criminal protection order are separate. Both can be active simultaneously in domestic violence cases.
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A temporary protection order remains in effect until the permanent order hearing, which must be scheduled within 14 days of the temporary order being issued.