Mediating Protection Orders in Colorado: Ensuring Safety and Resolution

Protection orders in Colorado help keep people safe. When a person applies for a protection order against another person, a Temporary Protection Order (TPO) is  automatically issued, which lasts a few days until the parties can get into court to have the case heard. The court determines whether to make a Temporary Protection Order permanent or not. 

In some cases, mediation is approved by the court to discuss specific terms. Usually, the option discussed in mediation is to extend the term of the Temporary Protection Order (which is a third option for the court, see below). Before mediation can be considered, however, the court must approve it and confirm that it is safe for all parties. Cases involving domestic violence, stalking, or sexual assault require extra scrutiny and may not be appropriate for mediation. Mediation in these situations requires careful screening to ensure it does not put anyone at risk. 

The opportunity to mediate the case is not automatic. One party, usually the defendant, must usually request it, and the court must agree before mediation can proceed. Denver Mediation Services will only mediate protection order cases if the court explicitly allows it, ensuring that appropriate safeguards are in place.

Extending a Temporary Protection Order

Temporary Protection Orders (TPOs) in Colorado usually last up to 14 days, but judges can extend a TPO for up to a year. This extended order can be a useful middle-ground solution, keeping parties separated without the long-term impact on the defendant of a permanent order. If both parties agree to an extension through mediation, judges are often supportive since it provides protection while allowing time for circumstances to settle. However, regardless of what is agreed upon in mediation, it is always for the court to decide how to proceed. 

Mediation sessions conducted online

To maintain safety, Denver Mediation Services conducts all protection order mediations via Zoom. This virtual approach eliminates the risk of direct confrontation by ensuring complete physical separation between the parties. It allows participants to join from a secure location and provides the ability to end the session immediately if necessary. The Zoom platform also includes private breakout rooms for confidential discussions and access to security support if needed.

Issues Covered In Mediation

When mediation is approved, discussions may address several key issues. The parties may negotiate the extension of a temporary order and set communication methods and boundaries. They may also discuss child-related arrangements, access to property, and workplace considerations. Any agreements reached through mediation must comply with Colorado protection order laws, be reviewed by the court, and include clear terms for enforcement, safety measures, and consequences for violations. A typical case is where the parties agree to maintain the terms of the TPO while agreeing that the term of the TPO can be extended

The court maintains final authority over protection orders, regardless of any mediated agreements. Judges make orders to prioritize the safety of all parties involved, and it’s up to the court to determine the terms of the final orders..

Cases Involving Children

In cases involving children, protection orders focus on safety rather than custody or parenting arrangements. Since direct contact between parents is often restricted, third parties such as family members or professional organizations may be designated to facilitate child exchanges. This arrangement helps ensure compliance with the protection order while prioritizing the child’s well-being.

When a family’s needs extend beyond the scope of a protection order, a separate family court case may be necessary to establish a more comprehensive parenting plan. Family courts in Colorado balance the best interests of the child with the necessity of maintaining the protection order. They aim to create solutions that allow for responsible parenting while ensuring that the parties involved do not come into direct conflict. Mediation is also valuable in these cases to cover the standard parenting plan issues while keeping to the terms of the TPO.

In Summary

Mediation can offer a structured way to address protection order issues, but only when strict safety measures are in place. The option for extended temporary orders provides flexibility while avoiding the long-term consequences of a permanent order. However, mediation should only proceed if it is safe, voluntary, and carefully documented.

By integrating mediation, third-party involvement, and family court solutions, Colorado ensures that protection orders remain enforceable, conflict is minimized, and the safety of all involved—especially children—is prioritized.