A restraining order is an order issued by a county or district judge for the protection of a person, upon application by that person or by someone legally authorized to act for that person, which restricts in specific ways the actions of some other person.
In order to obtain a restraining order, you are required to complete the Restraining Order Complaint Form at T·E·S·S·A (formerly The Center for Prevention of Domestic Violence). T·E·S·S·A is a private, non-profit organization that offers comprehensive services and an in-depth approach to domestic violence intervention. T·E·S·S·A offers many services, including emergency shelter, counseling, support groups, 24-hour crisis line, children's
programs, victim advocacy, and community education.
Filing a Restraining Order can be a way to help stop the violence in your life. However, involving the court system is serious, and it is important that you follow proper procedures and understand the following:
Once entered, the Restraining Order cannot be modified or
dropped by the victim or the defendant.
Only a judge can change or drop a Restraining Order.
Restraining Orders are granted at the discretion of a judge.
If you decide to drop the Restraining Order, contact T·E·S·S·A
for an appointment to initiate this process.
There is to be no contact made by either party.
Step One: Start at T·E·S·S·A at 320 S. El Paso (NW corner of South El Paso & Costilla), 719.633.1462.
Meet with an Advocate and complete the court complaint and paperwork for a Temporary Restraining Order (TRO).
There is no cost for obtaining the restraining order, and the process involves the following:
Fill out an Intake form at T·E·S·S·A. An Intake may be
completed between 7:30 a.m. and 2:30 p.m., Mondays
through Fridays. Between 2:30 p.m. and 4:30 p.m., a
packet of
information about restraining orders may be picked up.
TRO paperwork can be filled out with an Advocate between
7:30 a.m. and noon, Mondays through Fridays. To complete
TRO paperwork and the Court process on the same day, you
must be at T·E·S·S·A no later than 8:30 a.m. (doors open at
7:30 a.m.). Clients are seen on a first-come-first-serve basis.
You must meet with an
advocate to complete necessary
paperwork by 10:00 a.m. in order to file
it with the court. If it is
later than 10:00 a.m., you can proceed to
court the following
business day with completed information to have your
case
heard.
Step Two: Take TRO complaint and paperwork to Room 105 at El Paso County Court (20 E. Vermijo) before 10:15 a.m.
You must file your TRO complaint at the clerks office before
10:00 a.m., Monday - Friday.
Step Three: Attend Temporary Restraining Order Hearing in Room 514 (fifth floor).
After the form has been filed, you will proceed to the TRO
hearing in Room #301 or #350, at which time a judge will
speak to you and decide whether or not to grant your TRO.
You MUST attend this hearing.
Hearings are scheduled for
11:00 a.m., Monday - Friday.
Please note
that children are not permitted in the court room.
FREE child care is
available for court appearances. Please
speak with the advocate at T·E·S·S·A
to get a referral for this
service.
Step Four: If a TRO is granted, collect paperwork from the court clerk before you leave and take that paperwork to the Sheriff's Office (behind the courthouse at 205 S. Cascade) to begin service attempts.
If the TRO is granted, proceed to the Sheriff's Office so that it
can be served on the other party.
The TRO is not in effect until the defendant has been served.
Step Five: Call the Sheriff's Office after 4:30 p.m. at 719.520.7144 to listen to a recording for the name of the persons that have been served.
The TRO is usually served that same afternoon.
Once you hear the defendant's name on the recording, you
must pick up your TRO.
Keep a copy of the Restraining Order with you at all times.
Step Six: Make SEVERAL copies of your TRO.
Keep a
copy at home (on the refrigerator), in your car, at work,
etc.
Keep a copy
WITH YOU AT ALL TIMES.
Keep a copy
at all addresses listed on the restraining order.
Step Seven: Report Violations.
If the defendant contacts you in ANY way (this includes
through a third party), you MUST report this violation to 911
and be prepared to show the officers your Restraining
Order.
Call T·E·S·S·A or the Police Department (719.444.7000) with
any questions regarding violations.
Step Eight: Attend your Permanent Restraining Order (PRO) Hearing.
The date and time of your Permanent Restraining Order
(PRO) hearing will be on your TRO paperwork. Please note it
on a separate piece of paper. This hearing is mandatory, and
you will not be notified again.
ARRIVE EARLY (8 a.m.) for your hearing. If you are late, your
case will most likely be dismissed.
Even if the defendant has not been served, you may ask for a
continuance for more time to serve the defendant. Contact
T·E·S·S·A for further information.
If you feel the defendant is going to contest (fight) the PRO,
you may choose to retain an attorney to represent you.
If you choose to represent yourself (no attorney), it is strongly
suggested that you attend and observe a PRO hearing (Mon.,
Tues., Thurs., Fri. at 8:30 a.m. in Room 301, and Wed. at
8:30 a.m. in room 514) to familiarize yourself with the
process.
If you have decided that you no longer want to pursue a PRO,
you are encouraged to attend the court date for your PRO
hearing to inform the judge of your decision. If you do not
appear, your TRO will be dismissed and no restraining order
will be in effect.
If you do not show up for your PRO hearing, your restraining
order will be dropped and you will have to start the process all
over to reacquire a restraining order.
Step Nine: This PRO is life-long, unless you choose to revoke or amend it and the judge rules on this.
If your Permanent Restraining Order (PRO) is granted, make
several copies of your PRO and keep them as described
above in STEP 6. · If your PRO is granted, and changes are
made to the TRO, the PRO must be served again on the
defendant. The clerk will ask for another $10 fee for this
service
If your PRO is not granted, you have the option to begin the
process again at T·E·S·S·A.
Amendments to the PRO
You may ask the judge to change the standard PRO.
Examples of the amendments may include:
Contact for marriage/couple counseling
One phone call per week to arrange visitation
Mutual attendance at
children's school functions
Please consider the amendments that you request carefully. They may expose you to further abuse.
For any other questions or concerns, please contact T·E·S·S·A at 719.633.1462, or if an emergency call the Crisisline at 719.633.3819.
BE RESPONSIBLE FOR YOUR PERSONAL SAFETY!!!
A Motion to Waive or Postpone Costs may be picked up at T·E·S·S·A or the courthouse.
PREPARING FOR A PERMANENT RESTRAINING ORDER (PRO) HEARING
The following is general information intended to assist you in preparing for your PRO hearing. A PRO is a legal document designed to keep your abuser away from you. It is a permanent order and can only be dropped or changed by a judge in response to your request. The outcome of each hearing is determined according to the discretion of the individual judge.
Preparation
Remember that Restraining Orders are issued for an act of violence or the threat of an act of violence. It is important to jot down key points you want the judge to consider. Be as clear and concise as possible and focus on the events listed in the complaint. Dress conservatively for your PRO hearing.
It is often helpful to take a friend or relative to court with you for moral support. If this is not possible, you may contact T·E·S·S·A to see if an advocate is available to accompany you.
Children should not attend the PRO hearings, if at all possible.
Care and Control of Children (between 60 - 120 days)
If children are involved, the judge will want your input regarding parental visitation. Consider who you might designate as a third party to exchange the children or be thinking about a public location where the children can be dropped off and picked up for visits. Think about a weekly visitation
schedule you would be comfortable with. If you feel strongly that child visitation should be supervised, you may voice your concerns to the judge. Provide clear and concise support for your concerns. For example, you may say, "Your honor, I understand the importance of my child's relationship with his/her other parent, however, I do have the following concerns…."
If you intend to request supervised visitation, you are responsible for obtaining the supervisor, AND you must bring the supervisor with you to your PRO hearing in order for the supervisor to voice his or her consent. If you feel there will be a dispute over Temporary Care and Control of the children, you may want to consider having an attorney represent you.
Clients may ask the judge to set a temporary child support hearing to be held the following week.
Defendant's Rights
The defendant has the right to contest the PRO. If contested, a hearing will be scheduled. The hearing may or may not be scheduled for that same day. If the hearing is set for a later date, the
Restraining Orders often generate increased hostility. Call T·E·S·S·A for safety assistance at 719.633.1462 Monday through Friday 7:30 a.m. - 4:30 p.m., or its hotline at 719.633.3819 24 hours a day, seven days a week.
