• The respondent/defendant can deny that what you said is true but still agree to be restrained. In this case, the
judge will make the order permanent, and it will protect you just as if what you said was proven in court.
• If you have children with the respondent/defendant, make sure the TRO specifically identifies parenting time,
and it is safe for you and the children.
• You need to prepare carefully for a contested PRO hearing. If you think the respondent will contest the order,
contact your local resources (for example: domestic violence shelter, Project Safeguard, legal services) before
the PRO hearing. They can give you more information about how to prepare and what to expect.
WHAT IS YOUR ROLE AT THE PRO HEARING?
If you have physical evidence—photos of injuries or damaged property, medical records, 911 or answering
machine tapes, etc.—bring these to the court. If you have witnesses who saw what happened and/or saw injuries,
heard an argument, or in whom you confided afterward, ask them to come with you to the PRO hearing. By far
the most important evidence is what you tell
the judge. Make a plan regarding what you want to say. Write your
plan down, including a list of the facts you want to tell the judge, and bring it with you to court.
SHOULD YOU GET AN ATTORNEY FOR THE HEARING?
It is not necessary to have an attorney to get a restraining order. Your story of what the defendant did is power-
ful evidence. Consider consulting with an attorney if the respondent/defendant has an attorney or if you and the
defendant have children together. An attorney can assist you in telling your story to the judge and in asking ques-
tions of the respondent/defendant and other witnesses. No-cost or low-cost legal help is scarce, but local domes-
tic violence agencies may know of resources.
HOW IS THE RESTRAINING ORDER ENFORCED?
If a respondent/defendant violates any part of the restraining order, call the police. Violating a restraining order
is a crime in Colorado. If the police have a “probable cause” to believe that the defendant has violated the
restraining order, they are required to arrest the defendant and take the defendant to jail. This will start the crim-
inal process. Probable cause means that a reasonable person reasonably believes that a crime has been commit-
ted.
If the police tell you that the respondent/defendant cannot be charged, ask for a copy of the incident report, and
ask that the officer on duty initial the copy. This documents what happened and can be helpful later.
If the police and prosecutor decide not to file charges, you can file a motion for contempt with the court that
issued your restraining order. In a contempt proceeding, you (or your lawyer) will need to convince the judge
that the defendant did something that the restraining order forbids.
You and the defendant cannot agree to change the PRO without the court’s permission. If you want to change
the PRO, you will need to have a hearing. During the hearing, the judge will hear from both you and the defen-
dant to determine whether changes should be made. The defendant may request changes, but the judge will not
change the PRO without you being present.