What is a Restraining Order?

In some divorce cases, spouses opt to file for a legal injunction in the form a restraining order to protect themselves. The order prohibits a party from performing certain acts. Any form of violation warrants a criminal or civil charge, sometimes even involving arrests for possible imprisonment.

A restraining order protects a person from imminent danger which may otherwise cause undue harm. While a divorce case is still pending, the same court may issue a protection order filed by a party.

In Colorado, the courts can issue several types of restraining orders which vary in terms of function.

The automatic temporary injunction is a protection order that is executed the moment a divorce is filed and personally given to the other party. It freezes the assets to avoid any transactions while the case is pending. Any party is not allowed to cause unnecessary trouble to the other, relocate the minor children outside Colorado, or modify any insurance shared by the couple or their children, or both.

The temporary civil restraining order (TRO) is issued by a county court or any municipal court. Grounds for filing include deterrence of assaults, domestic cruelty, stalking and emotional abuse of the elderly.

Emergency protection order (EPO) is another type. A judge may serve an EPO in cases wherein no court is available for as long as a police office can attest to the immediate danger.

Categories: Divorce