How to Obtain an Emergency Protection Order in Colorado

Protecting yourself or a loved one from domestic abuse or violence requires swift action, and emergency protection orders (EPOs) in Colorado provide immediate safety to petitioners. If you think you might need one, it may help to first learn more about how they work and how you can request one.

Important note: If you are in immediate danger, call 911. For free, confidential support, you can reach the National Domestic Violence Hotline at 1-800-799-7233. If you believe someone is monitoring your phone or computer, delete your browsing history when finished and then use a device they cannot access.

Domestic Abuse vs. Domestic Violence

The Civil Protection Orders Act defines two distinct but related concepts. "Domestic abuse" means any act, attempted act, or threatened act of violence, stalking, harassment, or coercion committed by a person against another person to whom the actor is currently or was formerly related or with whom the actor is living or has lived in the same domicile.

Domestic abuse extends beyond physical violence to include:

• Mental and emotional abuse
• Financial control
• Document control
• Property control

"Domestic violence," commonly known as intimate partner violence, means a pattern of violent behavior or an act, attempted act, or threat of violence, stalking, harassment, or coercion committed by a person against another person with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship can indicate an intimate relationship but is never a necessary condition. The definitions determine which type of protection order applies and what additional remedies, such as mandatory firearm relinquishment, are triggered.

What You Should Know About Emergency Protection Orders in Colorado

Definition and Purpose of Emergency Protection Orders

Emergency protection orders (EPOs) are legal tools for immediately protecting victims of domestic violence, stalking, or harassment. They restrict the respondent from contacting the victim and can require the respondent to leave a shared residence. Designed for urgent cases, EPOs prioritize the victim's safety while offering temporary relief until permanent arrangements are made. Colorado's statutes ensure EPOs are accessible, enforceable, and balanced to uphold fairness for all parties involved, making them a reliable safeguard for those at risk.

Types of Protection Orders Available

Colorado has a multilayered system of protection orders for domestic violence victims in family law proceedings, governed primarily by the Civil Protection Orders Act (C.R.S. § 13-14-100.2 et seq.).

The system provides three civil order types and one criminal order type:

• Emergency protection orders (EPOs): The most immediate form of relief, available around the clock.
• Temporary civil protection orders (TCPOs): Issued on a verified complaint, with a permanent order hearing set soon after.
• Permanent civil protection orders (PPOs): Issued after a hearing in which the court examines the record and the evidence.
• Mandatory criminal protection orders (MPOs): Issued in criminal domestic violence proceedings.

Colorado has enacted significant legislative updates since 2024, including:

• Mandatory firearm relinquishment requirements
• Wireless telephone transfer provisions
• New disclosure duties in dissolution proceedings
• Expanded Extreme Risk Protection Order (ERPO) procedures
• Strengthened parenting-time safeguards

Recent appellate decisions have clarified the standards for issuing and modifying protection orders, the due process rights of respondents, and the serious criminal consequences of violations, too.

About Emergency Protection Orders

Emergency protection orders are the most immediate form of relief available to domestic violence victims in Colorado. Any county or district court has authority to enter an EPO. The chief judge in each judicial district is required to make a judge available by telephone at all times when courts are closed for judicial business, so EPOs can be issued around the clock. When courts are unavailable, a peace officer who has reasonable grounds to believe an adult is in immediate and present danger of domestic abuse, assault, stalking, or sexual violence can request a written or verbal ex parte EPO (issued without the other party present) from the on-call judge.

A judge can issue a verbal EPO only after finding a risk or threat of physical harm or the threat of psychological or emotional harm exists in close proximity to one or more persons, or such a risk or threat exists to the life or health of a minor child in the reasonably foreseeable future. Any verbal EPO must be reduced to writing and signed by the requesting officer.

The permissible scope of an EPO is broad and can include:

• Restraining a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting, or abusing any other party or a minor child.
• Excluding a party from the family home upon a showing that physical or emotional harm would otherwise result.
• Awarding temporary care and control of minor children.
• Enjoining contact with a minor child at school or work.
• Restraining a party from harming or disposing of animals owned by either party.

Notably, a person seeking protection can get an EPO even if they have left their residence to avoid harm.

An EPO expires at the close of judicial business on the next judicial business day following issuance, unless continued by the court. The court can continue an EPO only if it is unable to set a hearing on the petitioner's request for a TCPO on the day the complaint is filed, except this limitation does not apply to EPOs protecting minor children from unlawful sexual offenses or domestic abuse.

About Temporary Civil Protection Orders (TCPOs)

A temporary civil protection order can be issued to prevent domestic abuse, assaults and threatened bodily harm, emotional abuse of the elderly or at-risk adults, or stalking. Venue is proper in any county where the acts occurred, and standardized forms prescribed by the judicial department must be used.

A TCPO can be granted if the court finds a risk or threat of physical harm or the threat of psychological or emotional harm exists to the person seeking protection. In making this determination, the court must consider all relevant evidence concerning the safety and protection of the person or persons seeking the order, regardless of when an incident occurred or the existence of a criminal protection order. The TCPO is issued ex parte, upon the filing of a duly verified complaint, after the court hears evidence and is fully satisfied sufficient cause exists. The court simultaneously issues a citation directing the respondent to appear at a show cause hearing.

The permanent protection order hearing must be set no more than fourteen days after issuance of the TCPO.

A TCPO can include all of the provisions available in a PPO, including:

• Temporary care and control of minor children.
• Parenting time conditions.
• Financial injunctions, which restrain the respondent from ceasing mortgage, rent, insurance, utility, transportation, medical care, or childcare payments.
• Animal protection provisions.

The court must award interim decision-making responsibility of a child to a person entitled to bring an action for the allocation of parental responsibilities pursuant to C.R.S. § 14-10-123 when interim decision-making responsibility is reasonably related to preventing domestic violence or preventing the child from witnessing domestic violence.

About Permanent Civil Protection Orders (PPOs)

At the permanent protection order hearing, the judge or magistrate must examine the record and the evidence.

In all cases except those involving sexual violence, the court must find by a preponderance of the evidence that:

1. The respondent has committed acts constituting grounds for the issuance of a civil protection order.
2. Unless restrained, the respondent will continue to commit those acts or acts designed to intimidate or retaliate against the protected person.

For sexual violence cases, the standard requires a finding that the respondent engaged in behavior constituting grounds for the order and that a risk or threat of physical harm or psychological or emotional harm exists to the petitioner.

The Colorado Court of Appeals, in In re Marriage of Wiggs, 2025 COA 10, 566 P.3d 1032 (Colo. App. 2025), clarified this standard in a 2025 published decision. The court held that a PPO does not require a finding of imminent danger, and the second element is satisfied if the prohibited acts are reasonably likely to recur in the future. The court affirmed a PPO where the respondent had committed two acts of domestic abuse within eight months, had lied to police to have the petitioner arrested, and had filed a false police report after the TCPO was entered. The court also held, as a matter of first impression, that a PPO issued in a dissolution proceeding is a final and appealable order because it represents the court's final ruling regarding the plaintiff's entitlement to a civil protection order.

The Process of Obtaining an Emergency Protection Order

Colorado provides two parallel processes for obtaining protection orders under C.R.S. § 13-14-100.2:

1. Civil process: A simplified process governed by Article 14 of Title 13
2. Criminal process: A mandatory process governed by C.R.S. § 18-1-1001

Both processes are available simultaneously, and the issuance of a criminal protection order does not preclude a court from issuing a civil protection order under C.R.S. § 18-1-1001.

Eligibility Criteria for Applicants

You can seek an EPO if you are facing imminent harm, including domestic violence, stalking, or fear of abuse. Guardians can also apply on behalf of children or the vulnerable. You will need to document your experiences to substantiate your claims.

Useful evidence includes:

• Police reports
• Medical evidence
• Witness statements

Strong evidence establishes urgency, which helps you secure an EPO more effectively.

Step-by-Step Guide to Filing for an EPO

1. Choose where to file. File in a county where the incident occurred or where either party lives or works.
2. Get help with the forms. Law enforcement and legal aid organizations can help you complete the forms required for court submission. The Colorado Judicial Branch also posts protection order forms and instructions.
3. Gather your supporting records. Collect police reports, medical evidence, and the names of any witnesses.
4. Prepare for the hearing. Being prepared with supporting records or witnesses increases your chances.

If the courts are closed, a peace officer can request an EPO from the on-call judge on your behalf. This structured approach promotes a well-documented and efficient filing process toward immediate protection.

Legal Considerations and Implications Surrounding EPOs

Legal Protections Offered by an EPO

EPOs mandate specific restrictions, such as prohibiting contact, requiring the respondent to vacate shared residences, and prohibiting harassment or intimidation. Valid for a short time, they create a window of safety until extended legal protections are sought. If danger persists, you can request a temporary civil protection order to continue safeguarding measures.

Consequences of Violating an EPO

Violations of EPOs result in severe penalties, including fines and possible arrest, emphasizing their enforceability. If an order is violated, report it to the police immediately and document the incident for legal follow-up. Knowing the consequences reinforces compliance while allowing you to seek accountability against violators.

A person commits the crime of violation of a protection order if, after being personally served or having actual knowledge of the order, they:

• Contact, harass, injure, intimidate, molest, threaten, or touch the protected person
• Enter or remain on prohibited premises
• Possess or consume alcohol or controlled substances if prohibited
• Violate any other provision of the order

Peace officers are generally required to arrest or seek a warrant for a restrained person who has violated a domestic violence protection order, with limited discretion for certain non-domestic-violence violations.

The Colorado Supreme Court, in People v. Dilka, 2026 CO 12, 584 P.3d 564 (2026), reaffirmed the bright-line rule that a criminal violation of a protection order under C.R.S. § 18-6-803.5 constitutes a crime against another person or property and therefore serves as a predicate crime for second-degree burglary. The court reasoned that protection orders exist to shield protected persons and their property from harm or the threat of harm, and that a restrained party's violation inherently threatens the protected person's safety by presenting the very psychological, emotional, and potentially physical harm that protection orders seek to avoid.

Support and Resources for Domestic Violence Victims

Accessing Support Services and Legal Aid

Shelters, counseling, and legal aid organizations provide essential resources during this challenging time. Many services offer pro bono legal guidance for filing EPOs and navigating hearings. With the right support systems, you can feel empowered throughout this process.

A few places to start are:

• Colorado Judicial Branch protection order resources, with forms and a step-by-step guide
• Colorado Legal Services, which offers free legal help to eligible Coloradans

Community and State Resources

Colorado's coordinated victim support services include crisis hotlines, advocacy agencies, and local programs tailored to domestic violence survivors. 24/7 accessible resources ensure immediate help, offering victims the assistance they need in securing their safety and starting on the path to healing.

You can start with:

• National Domestic Violence Hotline, reachable by phone at 1-800-799-7233 or by online chat
• Violence Free Colorado, the state's domestic violence coalition, which can connect you with programs in your area

Common Concerns and Misconceptions About Domestic Violence

Clarifying Misunderstandings About EPOs

Common assumptions about EPOs in Colorado include:

• "EPOs are only for physical violence." EPOs cover a range of abusive behaviors, including stalking and harassment, providing accessible protection for victims.
• "EPOs are hard to get." A judge is available by telephone around the clock when courts are closed, so help does not wait for business hours.
• "An EPO is only a one-day fix." These protections extend beyond the short term when additional steps, such as securing longer-term temporary or permanent orders, are pursued.

Frequently Asked Questions

• Does it cost anything to file for an EPO? Filing for an EPO in Colorado is cost-free. The Colorado Judicial Branch lists no filing fee for civil protection orders involving domestic violence, sexual assault, or stalking.
• How quickly is an EPO processed? EPOs are swiftly processed for urgency, and an on-call judge handles requests when courts are closed.
• Do I need a lawyer? Legal counsel is optional. Working with a legal professional can make hearings and custody-related concerns smoother to address.
• How long does an EPO last? An EPO expires at the close of judicial business on the next judicial business day after it is issued, unless the court continues it.

Our Denver Domestic Violence Lawyers Can Help – Call Any Time

If you need assistance obtaining an emergency protection order, The Harris Law Firm in Denver is here to help. Our highly experienced attorneys focus entirely on family law cases, including those for victims of domestic violence who need to use legal processes to find safety.

Contact us today at (303) 622-5502 or reach out online once it is safe to do so for a confidential consultation with our attorneys. Your safety is our top priority.

Remember: If you are in immediate danger, call 911. Delete your browsing history if someone else has access to the device you are using to read this blog.