Appeal the Protective Order

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Learn How to Appeal a Protective Order

Can you Appeal?

  1. Final Order. You can appeal an Order that decides:
    • The request for a Permanent Protection Order. 
    • A request to change or end the Protection Order. 
  2. Right Court.
    • Issued by a County Court
      • Appealed to the District Court in that same county.
      • County Court cases have a "C" in the case number.
    • Issued by a Family Court
      • Appealed to a District Court Judge if issued by a Magistrate.
      • Appealed to the Colorado Court of Appeals if issued by a Judge.
      • Family Court cases have a "DR" or JV" in the case number.
  3. Right Time. An appeal can only happen if you start on time.
    • County Civil Case - Within 14 days of the order.
    • Family Case by a Magistrate - Within 14 days of the order.
    • Family Case by a Judge - Within 49 days of the order.

Should you appeal?

You have to balance the costs of the appeal versus the likelihood that you will win.

  • Costs of an Appeal.
    • Worth the Money?
      • Filing Fee - $163-$249.
        • This fee can be waived.
      • Appeal Bond - About $250.
        • This fee can be waived.
      • Transcript: About $150 for every hour you were in court.
        • This fee cannot be waived.
    • Worth the Time?
      • An appeal is a six to twelve-month process.
    • Worth the Effort? 
      • It will require a lot of research and writing to be successful. 
      • You will write a 15-page research paper for the appeal.
    • Worth the Conflict? 
      • An appeal will extend the conflict in your life.
      • That will take an emotional toll on you and your family.
  • Limits of an Appeal.
    • No New Evidence. 
      • An appeal checks to see if the orders are acceptable given the information provided to the Judge.
      • No new evidence will be accepted or considered by an appeals court.
    • Believability. 
      • Only a deciding court can determine how much to believe witnesses or the documents presented.
      • Your one opportunity to challenge the evidence was at the hearing. 
    • No New Issues.
      • The appeals court will only answer questions that were posed to the deciding court first.
  • How to Win. 
    • Show that the deciding court:
      • Used the wrong law.
      • Misapplied the law.
      • Made up facts.
      • Made unreasonable assumptions about the facts.
      • Considered a factor it should not have.
      • Did not consider a factor it had to have.

Next Steps.

If an appeal is right for you, find step-by-step forms, instructions, and sample materials below:

  • County Court Protection Orders
  • Family Case Protection Orders by a Magistrate
  • Family Case Protection Orders by a Judge

How to Get More Help

Appeals are hard. Click the Contact Options link below to get help. On that screen, go into the Sherlocks section to find self-help staff to answer your procedural or forms questions. Find a time to get legal information or advice in the clinic or events calendar sections. Or, find a free or moderate fee lawyer in the Find a Lawyer section.

Contact Options