Need to know how do Criminal Restraining Order work in Weld County? The court system will issue a Protection or Restraining Order to protect a victim from being contacted by the accused defendant. This can often be disruptive to our clients’ lives and is confusing. Imagine a sudden situation where a couple cannot say goodbye, cannot text, and cannot go near each other. The attorneys at the O’Malley Law Office have handled many Protection Orders and can help explain what you need to know.
What is the Legal Colorado Definition of a Criminal Restraining Order, C.R.S. 18-1-1001?
In Colorado a Criminal Restraining Order, C.R.S. 18-1-1001 is defined as:
There is hereby created a mandatory protection order against any person charged with a violation of any of the provisions of this title (Title 18 of the criminal code), which order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person’s first appearance before the court and informed of such order until final disposition of the action. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The protection order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected parties.
What are the Types of Protection Orders in Erie, Fredrick, and Firestone, Colorado?
There are two types of Protection Orders in Erie, Fredrick, Firestone and across Colorado: a Criminal Protection Order and a Civil Protection Order. Below, we will look at each and how they are similar and different. It is important to note that while both are granted by the Weld County courts, a Civil Protection Order is sought out by a victim themselves and a Criminal Protection Order where a court issue it on behalf of a victim’s welfare in every criminal case. Let’s look at each of these Restraining Orders:
Civil Protection Orders – Colorado has three types: Temporary Restraining Orders, Permanent Restraining Orders, and Emergency Restraining Orders. All of these are applied for by an alleged victim. The duration of time the order is place varies.
Criminal Protection Orders – these are issued in every criminal charge. The terms will vary and become more restrictive when the court believes a victim is in danger of violence or the threat of violence. These can be modified for good reasons expressed by the victim. However, in many cases the Court will refuse a victim’s request for modification. This causes a variety of hardships on children and their family unit. For example, if a mom is arrested, she man not be permitted to have contact with her own kids. Criminal Protection Orders are commonly in place until the criminal case is closed – years following the start of probation. Domestic Violence cases are where Criminal Protection Orders happen most often, and are most restrictive. You must understand that many judges and district attorneys are concerned that they may be criticized in the future if they permit contact between a Domestic Violence victim and the defendant should something bad happen afterward. This leaves the pleas of many victims for spousal contact and assistance denied. To learn more about Domestic Violence get help here.
Can a Greeley Protection Order Issued Under C.R.S. 18-1-1001 be Changed, Modified or Cancelled?
Protection Orders in Greeley can always be changed or modified under Court Rules, but they cannot be cancelled or vacated as long as the criminal case is open. Common types of modifications sought by victims include a modification allowing the parties to talk on the phone, have 3rd party contact, text with one another, email each other, only can talk about parenting issues, have public contact, and have full in-person contact. Judges are worried about their jobs and will only allow in-person contact if the facts of the case are not serious (pushing vs. hitting or physical injury), the victim wants the increased contact, and the defendant has acquired tools to change their behavior. These tools are normally received in Domestic Violence treatment or counseling. Few judges will allow contact in more serious cases without some change in circumstances to decrease the likelihood of another Domestic Violence incident.
Can a Criminal Restraining Order Be Dismissed in Weld County?
The short answer is no, a Criminal Restraining Order issued by a Weld County court cannot be dismissed before the end of a criminal case. But, a Criminal Restraining Order can be modified to permit contact. As soon as a defendant receives a Restraining Order it is important to fight it with a defense attorney involved who will present a safe request to the court and district attorney. Each request must be well reasoned. Our attorneys have many years of working with the Weld County Court system and can help you achieve a modification of your Criminal Restraining Order. There are some terms to every Criminal Restraining / Protection Order which cannot be modified.
What Happens in Greeley, Colorado if I Violate a Criminal Protection Order?
In Greeley, the first time you violate a Criminal Protection it is a class 1 misdemeanor with penalties of up to 12 months in the Weld County Jail and up to $1,000 in fines. Violating a civil protection order is a class 2 misdemeanor with penalties of up to 120 days in jail and up to $750 in fines unless the order is for Stalking, then the sentence and penalties increase.
When faced with the rules and constraints of a Protection Order it is best to have the experience of a criminal defense attorney who understands Restraining Orders and can help you or your loved ones.