Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Protection Order

Colorado law defines domestic violence as any act of violence against you or your children under the age of 18 by a person who was or is related to you by blood or marriage, lives with or has lived with you, or with whom you have had an intimate relationship.  Having sexual relations is not necessary for a relationship to qualify as being “intimate."  The court will look at the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

Colorado law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders: a temporary protection order and a permanent protection order.  A temporary order may be given to you on the day you file for an order of protection.  It is a short term order to protect you until your permanent hearing, which will take place within 14 days of filing.  A permanent order cannot be issued until the alleged abuser is given a chance to give his or her side of the story.  The temporary order will be issued for the length of time that you have to wait until your hearing.

After you file your petition, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are given a chance to give your respective sides of the story, the judge will decide whether or not to issue a permanent order of protection.  If your petition is granted, it has the potential to continue forever, and the abuser may not petition to terminate or modify it until it has been in place for four years.

If, after your hearing, you are granted a domestic violence order of protection, it is likely to order the following things of the abuser: to not engage in any activity laid out in the aforementioned definition of “domestic violence” according to Colorado law; to have no contact with you; to move out (and continue mortgage payments if appropriate) if you live together; to turn in any firearms and ammunition to law enforcement; and to not have contact with your children or any other necessary party.  You may also be given custody of the children for up to 120 days, after which there will be a hearing to determine a more permanent solution.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Colorado who have been victims of domestic violence can be found here.