There are two types of Protection / Restraining Orders in Weld, Morgan and Logan County; Criminal and Civil. Courts are giving out these orders much more frequently – often without realizing the impact and consequences it can have on people in Greeley, Windsor and Fort Lupton.
What is a Criminal Protection / Restraining Order?
Criminal Protection Orders are issued in every criminal case in Colorado. This order tells a defendant not to molest, intimidate, retaliate against, or harass the alleged victim or witness in their criminal case. In most cases, a criminal protection order requires no-contact or limited contact with the alleged victim.
What is a Civil Protection / Restraining Order?
In order for a judge to issue a civil protection order in Weld, Morgan or Logan County, some level of violence or threatened violence must be alleged. These are often issued in cases of Domestic Violence – C.R.S. 18-6—800.3 It can be difficult to abide by the rules of a civil protection order – something simple, like sending flowers or an apology note will be a violation and can result in a county jail sentence to the Weld County Jail.
Civil and Criminal Protection Orders Can Be Powerful Tools
Civil and Criminal Protection Orders can be powerful tools in the hands of an angry ex-girlfriend or spouse. A manipulative ex-wife could accuse her ex of Assault – C.R.S. 18-3-204 and a judge could issue a civil protection order in order to protect themselves from criticism if future violence occurs. The man could be prevented from going back to his own home, or from seeing his own children.
Judges are Biased
Judges and magistrates often issue a protection / restraining order in cases where they have no basis. They will do this to “protect” the alleged victim and also to protect themselves from future criticism. If a judge doesn’t issue a restraining order and a person is hurt or killed in the future – their authority and job could be called into question.
Violation of Protection and Restraining Orders
Judges imagine the worst possible situations when issuing restraining / protection orders. If you violate a protection order, you will be charged with Violation of a Protection Order – C.R.S. 18-6-803.5, which requires that the police arrest you immediately. This is often used by revengeful girlfriends, who have their boyfriends thrown into jail after allegations of Domestic Violence (which require no actual violence).
If a protection / restraining order has been issued against you in Greeley, Evans or Erie, it is important that you work with an experienced criminal lawyer who can help fight the allegations against you. Your job, family and home are at stake. Often, we can get your charges dismissed and you can go on with your life.
If you or a loved one has had a protection / restraining order issued against you, it is vital that you work with an experienced criminal defense attorney. Be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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