Purpose of the Hearing
A civil protection order hearing determines whether a temporary protection order (TPO) should become permanent. The person requesting the order (the petitioner) must prove that they need continued protection. The person defending against the order (the respondent) has the opportunity to present their side and challenge the request.
What Happens at the Hearing?
Judge Calls the Case
The judge will start by calling your case and confirming who is present. If the petitioner does not show up, the case may be dismissed. If the respondent does not show up, the judge may grant the protection order by default.
Petitioner’s Case
The petitioner presents evidence first. This may include testimony, text messages, emails, photos, or witness statements. The petitioner must show that the protection order is necessary to prevent harm.
Respondent’s Defense
The respondent then presents their side. They may challenge the petitioner’s evidence, present their testimony, and call witnesses. They may also argue that the claims do not meet the legal standard for a protection order.
Judge’s Questions
The judge may ask questions to clarify the facts. They may also allow each side to cross-examine the other side’s witnesses.
Judge’s Decision
After hearing both sides, the judge will decide whether to issue a permanent protection order, dismiss the case, or modify the terms of the order. If the order is granted, it may have long-term effects on the respondent, including restrictions on contact, firearm possession, and even employment opportunities.
The decision to issue a permanent order is governed by Colorado Revised Statutes Section 13-14-106, which outlines the legal procedure for determining whether a protection order should become permanent.
How to Prepare
- Gather evidence: Bring any documents, messages, or witnesses that support your case.
- Dress appropriately: Wear professional or business-casual attire to show respect for the court.
- Stay calm and respectful: Address the judge properly and avoid interrupting.
Importance of Legal Representation
Having an attorney represent you at a protection order hearing can be crucial. A lawyer understands the legal standards and knows how to present evidence effectively. They can cross-examine witnesses, challenge weak evidence, and ensure that your rights are protected.
If you are the petitioner, an attorney can help you build a strong case for why the protection order should be granted. If you are the respondent, a lawyer can help defend against allegations and work to prevent long-term consequences. Navigating the legal system alone can be stressful, and an attorney provides the knowledge and support needed to achieve the best possible outcome.
After the Hearing
If a permanent protection order is issued, the respondent must follow its terms. Violating the order can result in criminal charges. If the order is denied, the case is closed unless the petitioner files a new request with new evidence. Either side may appeal the decision if they believe the judge made an error.
Get Legal Help
A protection order hearing can have serious consequences. If you’re facing one, legal guidance can make a big difference. Contact the Juba Law Office to discuss your case and understand your options.
