
You got served, or maybe you got the call, and now you are sitting with a document that feels like it rewrote your entire life in a single page. You might not even be sure what kind of order it is or what it prohibits you from doing. That uncertainty sits on top of everything else you are already carrying. The fear of accidentally making things worse can feel just as suffocating as the order itself.
Mark S. Rubinstein understands what is at stake when these orders land, and can help you make sense of a no contact order vs. a restraining order. He is the kind of advocate who fights to make sure the legal system does not run you over before you even understand what hit you.
Key Takeaways
- A no contact order in Colorado usually comes from a criminal case, while a restraining order is typically handled through civil court.
- Both types of protection orders can limit contact, communication, housing access, and daily routines, so it is important to understand the exact terms.
- Violating a no contact order or restraining order can create a new criminal charge, even if the other person contacts you first.
- An attorney can help you understand the order, avoid accidental violations, request modifications, and protect your rights while the case moves forward.
What Is the Difference Between a No Contact Order and a Restraining Order?
The difference between these two orders comes down to one question: Is your situation playing out in criminal or civil court? A no contact order is a condition of a mandatory criminal protection order, issued automatically when charges are filed. A restraining order, formally called a civil protection order in Colorado, is a court order issued at the request of a private individual, with no criminal case required.
How Does a No Contact Order in Colorado Work?
When police arrest someone on a domestic violence charge, a mandatory protection order activates automatically. The judge reads the terms into the record at your first court appearance, and you must acknowledge them in writing before you are released. No contact means no communication, direct or indirect: no calls, no texts, no social media, no messages sent through a third party, nothing.
Depending on the circumstances, a mandatory protection order can also require you to:
- Vacate a shared home, even if your name is on the lease or deed;
- Surrender any firearms and ammunition in your possession; and
- Refrain from consuming alcohol or controlled substances.
These conditions take effect immediately and remain in place until your case resolves.
What Is a Restraining Order in Colorado, and Who Can Seek One?
A civil restraining order in Colorado does not require an arrest or any criminal charges. Any person who believes they face an imminent danger can walk into civil court, file a verified complaint, and request a temporary protection order the same day. A judge can grant it in the absence of the other party.
The civil process follows two steps:
- Temporary protection order (TPO). A judge issues this based solely on the complaint. Once served, it is immediately enforceable.
- Permanent protection order (PPO). Within 14 days, there is a hearing where the judge decides whether to make the order permanent. Here, “permanent” means indefinite, not forever; either party can later ask the court to modify or dismiss it.
Unlike a criminal no contact order, a civil restraining order is largely controlled by the person who filed it.
Protection Order vs. Restraining Order in Colorado: Can You Have Both?
Yes. If someone faces criminal domestic violence charges, the criminal court issues a mandatory protection order. At the same time, the alleged victim can file a civil court action for a restraining order. Both run simultaneously, and neither automatically overrides the other. If the two orders conflict, state law requires courts to prioritize public safety, giving precedence to whichever order addresses the greater threat of harm.
Can Either Order Be Modified or Challenged?
The path varies by order type. For a criminal no contact order, your attorney can file a motion to modify, but the court’s high bar and the prosecution’s opposition make it difficult. In civil restraining orders, either party can request a modification hearing, allowing the restrained person to present evidence and contest the order. Attempting informal solutions or ignoring conditions often causes more issues than the original order.
What Happens If You Violate Either Order?
Violating either type of order is a separate criminal charge and is stacked on top of any existing case:
- Civil protection order violation. A first-time violation is generally a class 2 misdemeanor, carrying a maximum jail term of 120 days and a fine of up to $750.
- Criminal protection order violation. Violating a criminal protection order is automatically a class 1 misdemeanor, carrying a maximum jail term of 364 days and a fine of up to $1,000.
These penalties run consecutively to any sentence on the underlying case. Even asking a mutual friend to pass along a message qualifies as a violation. If you are unsure whether a specific action would breach your order, call your attorney before you do it.
Why Is Mark S. Rubinstein, P.C., the Best Attorney to Help with No Contact Orders vs. Restraining Orders?
Protective order cases move fast, and the consequences of getting them wrong last far longer than the case itself. Mark S. Rubinstein brings more than 25 years of Colorado criminal defense experience to every client he represents, and his commitment runs deeper than legal strategy.
Mark believes that every person accused of a crime deserves the full protections of the U.S. Constitution and Colorado law. He works tirelessly to make sure those protections are not sacrificed to the speed or pressure of the process.
Licensed to practice in Colorado state courts, the Colorado Court of Appeals, and federally in the Tenth Circuit, Mark also serves Spanish-speaking clients, ensuring that language is never a barrier to quality representation. As a sole practitioner, every client works directly with Mark from the first call to the final resolution.
Your Next Step Could Change Everything: Contact Mark Today
When a protection order enters your life, every decision you make before speaking with an attorney can work against you. Contact Mark S. Rubinstein, P.C., today by calling at 970-319-3306 for your free consultation to discuss your situation and start building your defense. The sooner you act, the more options you have.
No Contact Orders vs. Restraining Orders in Colorado – Frequently Asked Questions
What is the difference between a no contact order and a restraining order in Colorado?
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Does a no contact order mean I have been convicted of a crime?
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Can I contact the other person if they contact me first?
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Can a no contact order force me to leave my home?
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Can a restraining order be issued without criminal charges?
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Can I have both a no contact order and a restraining order at the same time?
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Can a no contact order or restraining order be changed?
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What happens if I violate a protection order in Colorado?
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Should I attend a restraining order hearing with an attorney?
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When should I contact a Colorado attorney about a no contact order or restraining order?
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Legal References Used to Inform This Page:
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