Protection Orders

Violent individuals often exploit the relationships people have with their animals to intimidate and control their human victim(s), potential victims,  or witnesses into submission and/or silence, or to exact revenge. It is not uncommon for perpetrators of intimate partner violence to threaten, harm or kill their partner’s companion animals.

In Colorado, “protective orders” can be issued by a court to give to a victim or potential victim legal protection in cases of:

  • domestic violence
  • threats, harassment,  and/or
  • witness harassment or intimidation

Protective orders can also include animals in Colorado. 

Violation of a protection order is illegal and can result in  criminal charges, arrest and potentially result in felony level criminal penalties.

In Colorado there are various types of  protection orders:

Criminal  Protection Orders (C.R.S  18-1-1001 )

A mandatory protection order, prohibiting the defendant from harassing, intimidating, or retaliating against a witness or victim, is issued in criminal cases.  The court may order additional conditions in cases involving domestic violence, as defined by C.R.S.  18-6-800.3 as   an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. [emphasis added]

Civil  Protection Orders  (C.R.S.  13-14-101 )

Civil protections orders are used in in matters where there has been no criminal charges filed, but a need for protection exists.  Civil protection orders address emergency protection orders as well as two primary types of abuse:

1.  Abuse of an elder or at-risk adult as defined by   C.R.S. 26-3.1-101

Elder abuse protection orders can be issued in cases of threats or acts of violence against, or the taking, transferring, concealing, harming, or disposing of, an animal owned, possessed, leased, kept, or held by the elderly or at-risk adult, which threats or acts are intended to coerce, control, punish, intimidate, or exact revenge upon the elderly or at-risk adult. [emphasis added]

2. Domestic abuse

Domestic abuse protection orders can be issued in cases where there has been an act or threatened act of violence against a party, but also,(a) The minor children of either of the parties; or (b) An animal owned, possessed, leased, kept, or held by either of the parties or by a minor child of either of the parties, which threat or act is intended to coerce, control, punish, intimidate, or exact revenge upon either of the parties or a minor child of either of the parties.  In a civil protection order, the court can order temporary care and control of children and animals. [emphasis added] C.R.S.  13-14-102 (15(e), (f)

Emergency Protection Orders

The court can protect the animals and children in an emergency protection order.   [emphasis added]   C.R.S.  13-14-103 

Violation of a Protection Order

Violation of a protection order is a criminal offense  and applies to any of the following types of orders issued by a court:

  • civil protection order   C.R.S  (13-14-101  , et seq.)
  • criminal protection order  C.R.S. (18-1-1001  )
  • domestic relations  C.R.S.  (14-10-107, 14-10-108)
  • juvenile delinquency  C.R.S. (19-2-707 )
  • Uniform Parentage Act  C.R.S.  (19-4-111)
  • Rule 365 of county court rules of civil procedure
  • criminal municipal court orders
  • or any other order that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening or touching a person, or from entering or remaining on premises, or coming within a specified distance of person or premises

A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:

  • Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order;  [emphasis added]