TPO, PPO, and Violation Defense
Colorado protection orders come in two forms: civil orders (under C.R.S. § 13-14-100 series) and mandatory criminal orders that arise in any open criminal case. Daniel H. Kyser defends clients against both, including in the separate criminal charge that follows an alleged violation.
Types of Orders Defended
- Temporary Protection Orders (TPO) — civil; issued ex parte; last ~14 days pending a permanent hearing
- Permanent Protection Orders (PPO) — civil; indefinite duration
- Mandatory Protection Orders — automatic in every open criminal case until final disposition
- Violation of Protection Order (VPO) charges under C.R.S. § 18-6-803.5
What's at Stake
- Permanent firearm surrender and federal Lautenberg prohibition
- Eviction from the home, even if owned by the restrained party
- Custody and parenting-time interference
- Employment and housing disclosure obligations
- Future enhancement of domestic-violence charges
Defense at the PPO Hearing
The burden of proof at a civil PPO hearing is a preponderance of the evidence — meaning the allegations are "more likely true than not." That standard is lower than "beyond a reasonable doubt," which is why preparation, cross-examination, and documentary evidence are often the difference between a dismissal and an indefinite order.
Representative Results
- Four separate protection orders successfully argued to dismissal within a single 12-month period (2022–2023).
Frequently Asked Questions
Can I bring a lawyer to a protection order hearing?
Yes — you have the right to counsel in any civil PPO or criminal violation proceeding. You are not entitled to a free or state-paid lawyer (public defender) regarding most civil protection orders except for "Red Flag" orders. Given the lifetime consequences, representation is strongly recommended.
What if the other party contacts me first?
Protection orders are not two-way streets. As the restrained party, you cannot have contact with the other party, even if they contact you. Responding to the protected party's contact (even if they initiated it) is still a criminal violation. Document the contact, do not respond, and call counsel immediately.
Can I get a protection order modified or lifted?
Yes. A civil PPO may be modified or dismissed under C.R.S. § 13-14-108 after two years, with a showing that circumstances have materially changed. Daniel prepares and argues these motions regularly.