As amended through Rule Change 2024(18), effective October 2, 2024
Rule 365 - Injunctions, Restraining Orders and Orders for Emergency Protection(a)Civil Protection Orders. No civil protection order, restraining order, or injunction under Title 13, Article 14, shall be issued by the court, except as provided therein.(c) Restrictive Covenants on Residential Real Property.(1) Upon the filing of a duly verified complaint alleging that the defendant has violated a restrictive covenant on residential real property, the court shall issue a summons, which shall include notice to the defendant that it will hear the plaintiff's request for a preliminary injunction on the appearance date. A temporary restraining order may be granted without written or oral notice to the adverse party or the party's attorney only if: (a) It clearly appears from specific facts shown by affidavit or by the verified complaint or by testimony that immediate and irreparable injury, loss, or damage will result to the plaintiff before the adverse party or the party's attorney can be heard in opposition, and (b) the plaintiff or the plaintiff's attorney certifies to the court in writing or on the record the efforts, if any, which have been made to give notice and the reasons supporting a claim that notice should not be required. The restraining order shall be served upon the defendant, together with the summons and complaint, and shall be effective until the appearance date. (2) On the appearance date, the court shall examine the record and the evidence and, if upon such record and evidence the court shall be of the opinion that the defendant has violated the restrictive covenant, the court shall issue a preliminary injunction which shall remain in effect until the trial of the action. If merely restraining the doing of an act or acts will not effectuate the relief to which the plaintiff is entitled, the injunction may be made mandatory. The court may, upon agreement of the parties, order that the trial of the action be advanced and consolidated with the preliminary injunction hearing. (3) Any restraining order or injunction issued under this section (c) shall inform the defendant that a violation thereof will constitute contempt of court and subject the defendant to such punishment as may be provided by law. Entire rule amended July 22, 1993, effective 1/1/1994; Amended and Adopted by the Court, En Banc, 4/27/2017, effective immediately. ANNOTATION County court has no jurisdiction to enter restraining order limiting visitation with a child when a custody proceeding is pending in another state. G.B. v. Arapahoe County Ct., 890 P.2d 1153 (Colo. 1995).