Does a Protection Order Affect My Parenting?

Parenting is never simple, and when legal issues such as protection orders enter the picture, the situation becomes even more complicated. If you are a parent in Colorado facing—or subject to—a protection order, you may be wondering: Does this affect my parenting rights or responsibilities? The short answer is yes, it can have a significant impact, depending on the circumstances.

This blog will explain how protection orders work, how they affect parenting time and decision-making, and what steps you can take if you find yourself in this situation.

What Is a Protection Order?

A protection order, sometimes called a restraining order, is a legal directive issued by a court to limit contact between individuals. In Colorado, protection orders are commonly issued in cases involving domestic violence, harassment, stalking, or threats of harm.

Protection orders can:

• Prohibit one person from contacting or coming near another.
• Restrict communication by phone, text, email, or social media.
• Limit proximity to a home, workplace, or school.
• Address temporary custody or parenting issues if children are involved.

These orders are designed to protect the safety of victims and their families, but they also raise serious questions for parents who need to maintain a relationship with their children.

Types of Protection Orders in Colorado

Understanding the different stages of a protection order is essential, because the type of order determines how long it lasts and how it may impact parenting.

1. Temporary (Ex Parte) Protection Order
   
   • Granted quickly, often without the accused present.
   • Meant to provide immediate protection.
   • Usually lasts until a court hearing (within about 14 days).
   • Can temporarily restrict parenting time if children are involved.
2. Permanent Protection Order
   
   • Issued after a full hearing where both parties can present evidence.
   • Can last indefinitely, though modifications may be requested later.
   • May contain long-term restrictions that significantly affect custody and visitation.

How Protection Orders Affect Parenting Time

If you are a parent subject to a protection order, the court must carefully balance the child’s best interests with safety concerns. Here are common ways a protection order may affect parenting:

1. Restricted Contact with the Other Parent

If the protection order prohibits contact with the other parent, this can complicate custody exchanges. Parents may need to use third parties, neutral drop-off locations, or even professional supervision for visitation.

2. Limitations on Parenting Time

A protection order may restrict or suspend your parenting time, especially if allegations involve abuse or threats toward the child. In some cases, the court may allow supervised visitation until the situation stabilizes.

3. Impact on Custody Decisions

Judges must always consider a child’s safety when determining custody. If a protection order is in place, it may affect whether you share joint decision-making or whether the other parent is granted sole authority.

4. Modification of Parenting Plans

Existing parenting plans can be modified when a protection order is issued. For example, scheduled parenting time may be paused or rearranged to comply with the court’s restrictions.

The Role of Domestic Violence Allegations

Many protection orders are tied to allegations of domestic violence. Colorado law requires courts to consider a history of domestic violence when determining custody arrangements.

This means that even if the protection order does not directly name your children, the court may view your ability to co-parent differently if domestic violence has been alleged.

Important points to remember:

• The presumption of safety: Courts will err on the side of protecting children and the other parent.
• Evidence matters: The court will weigh police reports, witness statements, and prior incidents.
• Not all allegations are the same: False or exaggerated claims can sometimes influence temporary orders, but courts look for credible evidence when making permanent decisions.

What If the Protection Order Includes the Children?

In some cases, the protection order may directly apply to the children. This usually happens when there are allegations of child abuse, neglect, or exposure to harmful behavior.

If the children are included:

• Your parenting time may be immediately suspended.
• You may only be allowed supervised visits, if at all.
• Reinstating parenting rights may require court hearings, counseling, or evidence of rehabilitation.

Can a Protection Order Be Modified?

Yes. If you believe a protection order unfairly restricts your parenting, you can request a modification. However, the process is not automatic.

Steps often include:

1. Filing a motion with the court to modify the order.
2. Presenting evidence showing why the order should be changed (e.g., completion of anger management, counseling, or proof of stable behavior).
3. Attending a hearing where the judge will determine if modification is appropriate.

It’s important to have legal representation during this process, as courts prioritize safety and require strong justification for lifting or altering restrictions.

Long-Term Consequences of Protection Orders on Parenting

Even after a protection order expires or is lifted, the effects can linger. Judges may continue to consider the history of the order when making custody or parenting decisions.

Potential long-term impacts include:

• Reduced parenting time or sole custody awarded to the other parent.
• Mandatory supervised visitation.
• Court-ordered counseling, therapy, or parenting classes.
• Strained co-parenting relationships, making future modifications more difficult.

What Should Parents Do If Faced with a Protection Order?

If you are a parent facing a protection order, here are some practical steps:

1. Follow the Order Strictly
   Even minor violations can result in criminal charges and further restrict your parenting rights.
2. Document Everything
   Keep records of all interactions, compliance, and any attempts to see your children within legal boundaries.
3. Seek Legal Guidance
   An experienced family law attorney can help you understand your rights, request modifications, and represent your interests in court.
4. Focus on Rehabilitation
   If allegations of violence or misconduct are involved, take proactive steps like counseling, anger management classes, or substance abuse treatment. Courts look favorably on parents who take responsibility and work toward improvement.

The Child’s Best Interests: The Court’s Priority

Ultimately, the guiding principle in Colorado family law is the best interests of the child. When protection orders are involved, judges will always prioritize safety and stability over maintaining the status quo.

This does not mean that parents subject to protection orders automatically lose their rights—but it does mean they may need to take additional steps to show they can provide a safe and supportive environment for their children.

Conclusion

So, does a protection order affect your parenting? Yes—sometimes temporarily, sometimes permanently, depending on the allegations, evidence, and your response. These orders can alter parenting time, custody decisions, and how you interact with your children and co-parent.

If you are facing a protection order, it is critical to understand both the immediate and long-term implications. More importantly, you do not have to navigate this challenge alone.

At Thomas & Associates, our experienced family law attorneys help parents understand their rights, protect their relationships with their children, and work toward fair custody arrangements even under difficult circumstances. Contact us today to discuss your situation and learn how we can help you protect both your parenting rights and your child’s well-being.