JDF 400 – Instructions for Obtaining a Civil Protection Order R: February 13, 2023 Page 1 of 3
How to Obtain a Civil Protection Order
These standard instructions are for informational purposes only and do not constitute legal advice about your
case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.
General Information
◆ A Temporary or Permanent Civil Protection Order may be issued against an adult or a juvenile who is ten
years of age or older.
◆ A Protection Order means any Order that prohibits the Restrained Person from contacting, harassing, injuring,
intimidating, molesting, threatening, touching, stalking, sexually assaulting or abusing any Protected Person,
or from entering or remaining on premises, or from coming within a specified distance of a Protected Person
or premises, or from taking, transferring, concealing, harming, disposing of, or threatening harm to an animal
owned, possessed, leased, kept, or held by a Protected Person, or any other provision to protect the
Protected Person from imminent danger to life or health.
◆ Venue is proper in any county where the acts that are the subject of the Complaint/Motion occur, in any
county where one of the parties resides, or in any county where one of the parties is employed.
◆ To obtain an order for custody of minor children, you will need to file a district court domestic relations case.
◆ For additional information, please review Colorado Revised Statute §13-14-104.5, §13-14-105, §13-14-105.5,
and §13-14-106.
◆ If you have a disability and need a reasonable accommodation to access the courts, please contact your local
ADA Coordinator. Contact information can be obtained from the following website:
http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm
Common Terms
Petitioner: The person or business entity filing a Complaint/Motion against a person.
Respondent: The person that the Complaint/Motion is filed against.
Complaint/Motion: Document that officially commences the Protection Order process.
Domestic Abuse: An act, attempted act, or threatened act of violence, stalking, harassment, or
coercion that is committed by any person against another person to whom the
actor is currently or was formerly related, or with whom the actor is living or has
lived in the same domicile, or with whom the actor is involved or has been
involved in an intimate relationship.
Protected Person: The person, persons, or business entity who was granted a Protection Order.
Restrained Person: The person who is to remain away from making contact with another person(s) or
business entity.
May: In legal terms, “may” is defined as “optional” or “can.”
Shall: In legal terms, “shall” is defined as “required.”
If you do not understand this information, please contact an attorney.
Fees
The Court may assess a filing fee to the Person seeking a protection order. A filing fee of $85.00 is required
except when the Person seeking a protection order is a victim of domestic abuse, stalking, sexual assault or
unlawful sexual contact. If the Person seeking a protection order is not required to pay the filing fee, the Court
may assess the filing fee, service-of-process fees and attorney fees against the Restrained Person at the
Permanent Protection Order Hearing.
Other fees that you may encounter are as follows:
❑ Copy of Documents $.75 per page
❑ Certification Fee $20.00 per document
❑ Service Fee Varies (payable to process server)
JDF 400 – Instructions for Obtaining a Civil Protection Order R: February 13, 2023 Page 2 of 3
Forms
To access a form online go to www.courts.state.co.us/Forms and click on “Protection Orders.”
❑ JDF 401 Incident Checklist
❑ JDF 402 Verified Complaint/Motion for Protection Order
❑ JDF 404 Affidavit Regarding Children
❑ JDF 442 Information Sheet for Registering a Protection Order
Step-By-Step
Step1: Complete Forms.
Please refer to the list of required forms above to determine which forms must be submitted based on your
individual circumstances.
❑ Contact the Court where you plan to file your case for specific days or times when protection order
hearings are scheduled and to determine if they have any other filing requirements.
❑ Verified Complaint/Motion for Protection Order (JDF 402).
❑ Complete all necessary information on the form.
❑ Be specific and provide complete information identifying why you are seeking a protection order.
❑ If you want to have your address and phone left out of the pleadings, check box #6 on the
Complaint/Motion.
❑ Add an alternate mailing address to the space provided on page 4 if possible. Examples include a
P.O. Box, family member, or trusted friend’s mailing address.
❑ Incident Checklist (JDF 401).
❑ You may complete this form to help you prepare for your hearing.
❑ You may keep it or you may file it with your Verified Complaint/Motion.
❑ Note: If you do file this form, it will become a part of the public record and will be served on the other
party as a part of the Complaint/Motion.
❑ Affidavit Regarding Children (JDF 404).
❑ If you intend to ask for temporary care and control, interim decision-making, or parenting time for the
children or a protection order for the benefit of any minor child, you must complete this form.
❑ This Affidavit must be signed in the presence of a Court Clerk or Notary Public
❑ Information Sheet for Registering a Protection Order (JDF 442).
❑ Complete this form and attach it to the Verified Complaint/Motion for Protection Order (JDF 402).
❑ It is critical that the information be complete and accurate for enforcement of the protection order.
Step 2: File With the Court.
❑ Provide the Court with the documents completed as described in Step 1 above.
Step 3: Temporary Protection Order Hearing.
❑ Be prepared as you may be asked questions about your request to obtain a temporary protection order
and any issues regarding the children, if applicable.
❑ If the Court grants a temporary protection order, you will be provided with a written Order stating such.
❑ When you receive the Temporary Protection Order, you need to do the following:
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❑ Obtain Certified Copies of the Order. The number of copies will vary based on your circumstances.
❑ You will need one for yourself and one to serve the Restrained Person.
❑ If you were awarded temporary care and control, parenting time and/or interim decision-making of
the minor children or if the Restrained Person was ordered to have no contact with the minor
children, you may need copies for your work, children’s school, daycare provider, etc.
❑ Remember to carry a copy of the Protection Order and Affidavit/Certificate of Service at all
times.
Step 4: Complete Personal Service.
You shall complete personal service on the other party with a copy of the Complaint/Motion, Temporary
Protection Order and Affidavit/Certificate of Service per rule 4(e) of the Colorado Rules of Civil Procedure prior to
your Permanent Orders Hearing or next hearing date set by the Court. The Permanent Orders hearing is usually
set within 14 days from your Temporary Orders Hearing or the Court may set a future hearing date to address
parenting time and decision-making responsibilities. Helpful Hints to complete personal service:
❑ Take a copy of the Complaint/Motion, Temporary Protection Order, and Affidavit/Certificate of Service to
the sheriff, a private process server, or someone you know who is 18 years or older, who is not a party to
the case, and who knows the rules of service to serve the Respondent.
❑ Be sure to direct the sheriff, private process server, or person serving the documents to return the original
and copy of the Affidavit/Certificate of Service to you.
❑ Remember to bring the original to Court on the day of your Permanent Orders Hearing.
❑ Carry the returned Affidavit/Certificate of Service with you along with your Temporary Protection Order.
You may need to provide both forms to law enforcement.
❑ If personal service cannot be completed, inquire with the Court to determine what other steps can be
taken to complete service.
Step 5: Permanent Orders Hearing.
Ask the Court for information or there may be a victim’s advocate program in your area that can provide help. You
may call witnesses and present evidence if you wish. The Court will issue subpoenas for witnesses you need.
❑ If you obtained a Temporary Protection Order, you must:
◆ Appear at the permanent orders hearing or the next hearing date set by the Court on the date and
time scheduled in the Order or your Temporary Protection Order will automatically expire.
◆ Bring the original Affidavit/Certificate of Service and submit it to the Court.
❑ If the Court grants the Permanent Protection Order, you will be provided with a written order stating such.
When you receive the Permanent Protection Order, you need to do the following:
❑ Obtain Certified Copies of the Order. The number of copies will vary based on your circumstances.
❑ You will need one for yourself and one to serve the Restrained Party.
❑ If the Restrained Person was ordered to have no contact with minor children, you may need copies
for your work, children’s school, daycare provider, etc.
❑ If the Restrained Person is present during the hearing, the Court will submit the Order to him/her and
personal service is not necessary.
❑ If the Restrained Person is not present and the Permanent Protection Order is different from the
Temporary Protection Order, you must complete personal service. Helpful Hints to complete
personal service:
❑ Take a copy of the Complaint, Permanent Protection Order, and Affidavit/Certificate of Service to
the sheriff, a private process server, or someone you know who is 18 years or older, who is not a
party to the case, and who knows the rules of service to serve the Respondent.
❑ Be sure to direct the sheriff, private process server, or person serving the order to return a copy
of the Affidavit/Certificate of Service to you and to file the original with the Court as soon as
possible after service has been completed.
❑ If personal service cannot be completed, inquire with the Court to determine what further steps
can be taken.
Remember to carry a copy of the Order at all times.
