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EspañolWhat are the steps for getting the protection order?
The steps for getting a protection order against stalking, sexual assault, physical harm/threats and abuse of elderly/at-risk adult are similar to the steps for getting a domestic violence protection order, which you can find on our Steps for getting a domestic violence protection order page.
Who can get a protection order? Can I get one against someone who is not my spouse, intimate partner, or relative?
Under Colorado law, you may be eligible for a protection order against someone you are not in a relationship with and not related to if that person has:
- stalked you,
- sexually assaulted you,
- made “unlawful sexual contact” with you,
- physically assaulted you,
- threatened you with physical harm, or
- threatened or harmed an animal owned by your or by your children (if you are an elderly or at-risk adult).1
Note: If you are at least 60 years old OR mentally or physically incapacitated, verbal abuse or wrongful confinement can also be reasons for a protection order. See What is the legal definition of abuse of an elderly or at-risk adult? for more information.
1 Colo. Rev. Stat. §§ 13-14-104.5(1)(a); 13-14-101(1)
Can a minor file for a protection order?
It is not clear according to Colorado law if a minor can file for his/her own order without a parent. For minors under 18, a parent or guardian can file for the protection order.1 If a parent or guardian is not available, it may be possible to have someone else apply on the minor’s behalf but you may want to check your court’s clerk’s office to make sure they would accept a petition brought by an adult who is not the parent or guardian. You may want to contact a legal services organization or a court clerk for more information on minors requesting protection orders. See CO Finding a Lawyer and CO Courthouse Locations for contact information.
Note: You cannot get a protective order against someone who is under 10 years old.2
1 Colo. Rev. Stat. § 13-14-101(2.2); see Colorado Rules of County Court Civil Procedure Rule 317(C)
2 Colo. Rev. Stat. § 13-14-104.5(1)(a)
How much does it cost to get a protection order?
There can be no fee charged when the person seeking a protection order is a victim of domestic abuse, stalking, sexual assault or sexual abuse.1 If you are required to pay a filing fee but are unable to afford it, you may apply to have the fee waived. More information can be found on the Colorado State Judicial Branch website.
1 Colo. Rev. Stat. § 13-14-109(1)
Do I need a lawyer?
You do not need a lawyer to file for a protection order, but it may be better to have one. If the abuser has a lawyer, you should try to get one too. Even if the abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
Depending on the details of your situation, domestic violence organizations in your area (if appropriate) and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find information on legal assistance and domestic violence organizations on the CO Places that Help page. You will find contact information for courthouses on the CO Courthouse Locations page.
For more information, you can also write to our Email Hotline. We cannot represent you in court or give you legal advice, but we may be able to answer some of your questions.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
