In Greeley and the rest of Colorado, a Criminal Protection Order, also known as a Restraining Order, is issued by the court to prevent a victim from being contacted by an alleged abuser. The attorneys at the O’Malley Law Office understand how Protection Orders and violations of Protection Orders work. Below, we will explain what you need to know about Protection Orders. If you are facing a Protection Order in Larimer County or Fort Collins, find help here.
Legal Colorado Definition of a Criminal Restraining Order, C.R.S. 18-1-1001
A Criminal Restraining Order, C.R.S. 18-1-1001, in Colorado is defined as:
What are the Two Types of Restraining or Mandatory Protective Orders in Weld County?
There are two types of Restraining or Protection Orders in Weld County: Civil Protection Orders and Criminal Protection Orders. A Civil Protection Order is when an alleged victim petitions the court for an order to be issued. If a judge is convinced that the victim is in imminent danger of harm, then a Civil Protective Order will be issued. There are 3 types of Civil Restraining Orders, that all have similar penalties if violated: Temporary Restraining Orders, Permanent Restraining Orders and Emergency Restraining Orders.
In contrast, anytime a crime is committed against someone, the “victim” will receive a Criminal Restraining Order, also known as a Mandatory Protection Order. These Protective Orders are almost always issued with:
- Domestic Violence Charges – C.R.S. 18-6-800.3
- Harassment Charges – C.R.S. 18-9-111
- Stalking Charges – C.R.S. 18-3-602
Based on the language of C.R.S. 18-1-1001, these criminal Protection Orders are issued in every criminal case. With the three charges above, we will commonly see a No Contact Order added to the provisions of the routine Mandatory Protection Order.
What is a No Contact Order in Greeley and Weld County Courts?
While every Mandatory Protection Order has provisions prohibiting the accused from “harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged, not all prohibit contact. A No Contact Order adds language which says that the accused can’t have any direct or indirect contact with their victim(s). This No Contact Order is placed in nearly every crime where an act of violence is alleged. As a result, marriages or families are often placed in the very difficult situation where parents or loved ones cannot have any contact. Imagine not being able to speak with your spouse about money, joint care of children, or family decisions. Or, consider how difficult it would be if a No Contact Order were placed by a court against you and in favor of a coworker. The judge might issue a 50 yard restriction where you cannot go near the person – which implies you might not be allowed to show up at your job.
Common Terms or Conditions of a Criminal Protective Order in Windsor, Ault, or Severance, Colorado
In Windsor, Ault, Severance and the rest of Colorado, the Protective Order’s terms or conditions will be different in every case depending on the specifics that case. However, some common conditions are:
- Avoiding all communications with victim. This includes all communications by phone, text, email, and/or social media. This is known as a No Contact Order.
- Avoiding locations where the victim could be found such as housing, cars, workplaces, or schools. This is part of a standard No Contact Order.
- Temporarily surrendering custody of pets or children.
- Loss of ability to possess guns, weapons, or ammunition. This may fall under Colorado’s “Red Flag Law” to learn more about the “Red Flag Law,” go to this page.
Sentence and Penalties for Violating a Mandatory Protection Order in Weld County
If you are found to have violated a Criminal Protection Order in Weld County, it is a separate criminal offense. For a first-time violation, the sentence for a protection order violation is a class 1 misdemeanor with penalties of up to 364 days in the Weld County Jail, and a fine up to $1,000. It is also important to note that these penalties hold even if the defendant is ultimately found innocent of the original, underlying crime with which he / she was charged.
Facing a Retraining or Protection Order can have severe consequences. The O’Malley Law Office attorneys can help you navigate the Weld County Court system. With the assistance of our Protection Order Attorneys, the terms of a Restraning or Protection Order may be modified or possibly dismissed. There are common strategic ways to increase your chances of getting the Order altered in such a way that your family can continue to function.