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Temporary Civil Protection Order Issued Pursuant To Section 13-14-102, C.R.S. Form. This is a Colorado form and can be use in Protection Order Statewide.
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Tags: Temporary Civil Protection Order Issued Pursuant To Section 13-14-102, C.R.S., JDF 398, Colorado Statewide, Protection Order
Municipal Court
County Court
District Court
Denver Juvenile
Denver Probate
_________________________________________ County, Colorado
Court Address:
Plaintiff/Petitioner: ________________________________
v.
COURT USE ONLY
Case Number:
Defendant/Respondent: ________________________________
Address: _________________________________________
16 Character #: ______________________
_________________________________________
Division
Courtroom
TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-102, C.R.S.
Full Name of Restrained Person
Protected Person alleges Weapon Involved
Date of
Birth
Sex
Race
Weight
Height
Hair
Color
Eye
Color
M
F
Full Name of Protected
Person
Date of
Birth
Sex
Race
Full Name of Protected
Person
Date of
Birth
Sex
Race
The Court finds that it has jurisdiction over the parties and the subject matter; that
__________________________________________ (Restrained Person) constitutes a credible threat, that an
imminent danger exists to the life and health of the Protected Persons named in this action, and sufficient cause
exists for the issuance of a Civil Protection Order.
The Court Orders that you, the Restrained Person shall not contact, harass, stalk, injure, intimidate, threaten,
or molest the Protected Persons named in this action or otherwise violate this Order. You shall not use, attempt to
use, or threaten to use physical force against the Protected Persons that would reasonably be expected to cause
bodily injury. You shall not engage in any conduct that would place the Protected Persons in reasonable fear of
bodily injury.
A Temporary Injunction is hereby entered by this Court and upon personal service or upon waiver and
acceptance of service by the Restrained Person is in effect until the next hearing date. This injunction
restrains the Restrained Person from ceasing to make payments for mortgage or rent, insurance, utilities or
related services, transportation, medical care, or child care when the Restrained Person has a prior existing
duty or legal obligation to make such payments or from transferring, encumbering, concealing, or in any way
disposing of personal effects or real property, except in the usual course of business or for the necessities of
life.
You must keep a distance of at least _______ yards from the Protected Persons.
The next hearing is____________________ (date) _______ (time) at the court address above. This Temporary
Protection Order expires at the conclusion of the Hearing date stated above unless continued by the Court to
another date.
1. Contact.
It is ordered that you, the Restrained Person, shall have no contact of any kind with the Protected Persons
and you shall not attempt to contact said Protected Persons through any third person, except your attorney,
except as follows:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
A violation of a Protection Order is a crime and may be prosecuted as a misdemeanor, municipal ordinance violation,
or a delinquent act (if committed by a juvenile) pursuant to §18-6-803.5, C.R.S., and municipal ordinance.
JDF 398 R7/07 TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-102, C.R.S.
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Case Name _____________________ v. ______________________ Case Number: ___________________
2.
Exclusion from places.
It is ordered that you be excluded from the following places and shall stay at least ______ yards away from the
following places: (Please specify the address(es) where the Protected Persons reside, work or attend school.)
The Protected Person has requested that the address be omitted from the written order of the Court, including
the Register of Actions.
Home: ________________________________________________________________________________
Work: Name: __________________________ Address: ________________________________________
School: Name: __________________________ Address: ________________________________________
Other: _________________________________________________________________________________
Exceptions: _____________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
You may not remain in or return to any of the above locations after you receive this Order. You shall be
permitted to return to a shared residence one time to obtain sufficient undisputed personal effects to maintain
a normal standard of living until the next hearing date ONLY if you are accompanied at all times by a law
enforcement officer.
3. Care and Control Provisions.
It is in the best interest of the minor children that care and control of these children be awarded to
________________________________ (name of person) until the next hearing. At that hearing, the Court
will determine who should receive temporary care and control of the minor children for up to 120 days.
4. Issues Concerning Children. (Parenting Time and Decision-Making Responsibilities)
Restrained Person is granted parenting time with the minor children.
Parenting time and decision-making responsibilities will be considered at the Permanent Protection Orders
Hearing or at the next Hearing.
Parenting time expires on ___________________ (next hearing date) and shall be as follows:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Interim decision-making responsibilities expire on _____________(next hearing date) and shall be as follows:
__________________________ (name of person) shall have sole decision-making responsibilities.
The parties shall jointly share decision-making responsibilities.
Other as set forth in “Other Provisions” section 5.
Parenting time and decision-making responsibilities shall be as previously ordered by the _________ District
Court, Case #_______________.
5. Other Provisions.
The Restrained Person shall not possess and/or purchase a firearm, ammunition, or other weapon.
The Court waives all fees and no fees for service should be assessed pursuant to §13-14-102(21)(b), C.R.S.
Fees shall be paid by the Plaintiff/Petitioner Defendant/Respondent.
It is further ordered that: __________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Date: _____________________________________
By signing, I acknowledge receipt of this Order or
___________________________________________
Judge Magistrate
___________________________________________
Print Name of Judicial Officer
Restrained Person is not present in courtroom.
Date: __________________________________
___________________________________________
Signature
I certify that this is a true and complete copy of the original order.
Date: ______________________________________
___________________________________________
Clerk
JDF 398 R7/07 TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-102, C.R.S.
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Law enforcement shall use all reasonable means to enforce this Protection Order.
IMPORTANT INFORMATION ABOUT PROTECTION ORDERS
GENERAL INFORMATION
This Order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court
of the United States, Indian Tribe or United States Territory pursuant to 18 U.S.C. §2265. This Court has
jurisdiction over the parties and the subject matter.
Pursuant to 18 U.S.C. §922(g)(8), it is unlawful for any person to possess or transfer a firearm who is subject
to a court order that restrains such person from harassing, stalking or threatening an intimate partner of such
person or a child of such intimate partner or person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child.
NOTICE TO RESTRAINED PERSON
You are directed to appear before this Court on the date shown on the front of this form to show cause, if any
exists, why this Temporary Protection Order should not be made permanent.
This Temporary Protection Order shall be made permanent without further notice or service or the Court may
continue the Temporary Protection Orders to a date certain. You are notified that the Permanent Civil
Protection Order shall remain in effect until further order of the Court. Such Permanent Order will subject you
to Federal Laws restricting firearms possession and sale 18 U.S.C., §922(g)(8), §924(a)(2).
A violation of a Protection Order may be a misdemeanor, municipal ordinance violation or a delinquent act (if
committed by a juvenile) and is a deportable offense. Anyone over the age of eighteen who violates this
order may be subject to fines of up to $5000.00 and up to 18 months in jail. Violation of this Order may
constitute contempt of court. Anyone under the age of 18 who violates this Order may be subject to
commitment to the Department of Human Services for up to two years.
You may be arrested or taken into custody without notice if a law enforcement officer has probable cause to
believe that you have violated this Order.
If you violate this Order thinking that the Protected Person or anyone else has given you permission, you are
wrong, and can be arrested and prosecuted. The terms of this Order cannot be changed by agreement of
the parties. Only the Court can change this Order.
Possession of a firearm while this Protection Order is in effect may constitute a Felony under Federal Law, 18
U.S.C. §922(g)(8).
NOTICE TO PROTECTED PERSON
You are hereby informed that if this Order is violated you may call law enforcement.
You may initiate contempt proceedings against the Restrained Person if the Order is issued in a civil
action or request the prosecuting attorney to initiate contempt proceedings if the Order is issued in a
criminal action.
You cannot give the Restrained Person permission to change or ignore this Order in any way. Only the Court
can change this Order.
NOTICE TO LAW ENFORCEMENT OFFICERS
If the Order has not been personally served, the law enforcement officer responding to a call of assistance
shall serve a copy of said Order on the person named/Restrained Person therein and shall write the time,
date, and manner of service on the Protected Persons’ copy of such Order and shall sign such statement.
The officer shall provide the Court with a completed return of service form. (§13-14-102(11 - 12), C.R.S.)
You shall use every reasonable means to enforce this Protection Order.
You shall arrest or take into custody, or if an arrest would be impractical under the circumstances, seek a
warrant for the arrest of the Restrained Person when you have information amounting to probable cause that
the Restrained Person has violated or attempted to violate any provision of this Order subject to criminal
sanctions pursuant to §18-6-803.5, C.R.S. or municipal ordinance and the Restrained Person has been
properly served with a copy of this Order or the Restrained Person has received actual notice of the existence
and substance of such Order.
You shall enforce this Order even if there is no record of it in the Protection Order Central Registry.
You shall take the Restrained Person to the nearest jail or detention facility.
You are authorized to use every reasonable effort to protect the Protected Persons to prevent further
violence.
You may transport, or arrange transportation to a shelter for the Protected Persons.
JDF 398 R7/07 TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-102, C.R.S.
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Municipal Court
County Court
District Court
Denver Juvenile
Denver Probate
_________________________________________ County, Colorado
Court Address:
Plaintiff/Petitioner: ________________________________
v.
COURT USE ONLY
Case Number:
Defendant/Respondent: ________________________________
Address: _________________________________________
16 Character #: ______________________
_________________________________________
Division
Courtroom
TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-102, C.R.S.
RETURN OF SERVICE
I declare under oath that I am 18 years or older and not a party to the action and that I served the Verified
Complaint/Motion for Civil Protection Order and the Temporary Protection Order on the
Defendant/Respondent
in
______________________
(County)
Plaintiff/Petitioner
________________
(State)
on
______________ (date) _________ (time) at the following location:
__________________________________________________________________________________________
By handing it to a person identified to me as the
By leaving it with the
Plaintiff/Petitioner
Plaintiff/Petitioner
Defendant/Respondent.
Defendant/Respondent who refused service.
By leaving it with __________________________________________________ (Type or write name legibly)
who is designated to receive service for the
Plaintiff/Petitioner
Defendant/Respondent because of the
following relationship: ___________________________________________ as provided for in C.R.C.P. 4(e).
I attempted to serve the
Plaintiff/Petitioner
Defendant/Respondent _________ occasions but have not
been able to locate the
Plaintiff/Petitioner
Defendant/Respondent. Return to the
Plaintiff/Petitioner
Defendant/Respondent is made on ______________________ (date).
Private process server
Sheriff, _________________________County
Fee $ ____________ Mileage $ ___________
Fee waived, Domestic Violence Protection Order.
_________________________________________
Signature of Process Server
_________________________________________
Name (Print or type)
My Commission Expires: ________________________
_________________________________________
Notary Public/Deputy Clerk
JDF 398 R7/07 TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO §13-14-102, C.R.S.
Date
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