In Weld County, if you are facing a Protection Order or Restraining Order, you need to protect your access to work, home and your family. Protection Orders, also know as Restraining Orders, are filed in Weld County to prevent contact, harassment, intimidation, threats, or abuse of the person named as the protected party in the order. It also protects the victim from having the “Restrained Person” from entering or staying on premises, or from coming within a specified distance of the protected person. There are mandatory Criminal and Civil Protection Orders. Many people don’t take these orders seriously and end up in the Weld County Jail. Remember, no-contact mean no, contact. Jail is guaranteed if you send flowers, an apology card, or try to work it out on your own. Below we will discuss the common questions about Protection or Restraining Orders.
What is a Criminal Protection or Restraining Order in Greeley, Colorado?
In Greeley, Colorado, a Criminal Protection Order is defined in C.R.S. 18-1-1001. This is the law that allows courts to issue mandatory protection orders in criminal cases. That law specifically forbids:
- Harassment
- Molestation
- Any act that is meant to intimidate, or retaliate against someone
- Tampering with a witness
- Contact of any type
If the Protection Order was issued because of Domestic Violence, there are even harsher rules surrounding what conduct was allowed. These rules (along with no contact of your intimate partner) can include; not contacting children, family, alcohol use or possessing a firearm.
In Weld County When is a Civil Court Protection or Restraining Order Issued?
Civil Protection or Restraining Orders can be issued in Weld County anytime a private party applies for one. During a court appearance, the judge will have a hearing with only the person who wants the order, and ask them questions to see if they qualify for a temporary Protection Order. If one is granted, the judge will require service of the order on the restrained party, who will then be entitled to a hearing to determine if the temporary order should be made permanent. Be aware that the tendency is for judges and magistrates to grant temporary order out of concern for their careers.
What is the Difference Between a Civil Temporary Protection Order and a Civil Permanent Restraining Order in Greeley, Colorado?
In Greeley, Colorado, there are a few different types of Protection Orders including a Temporary and Permanent type.
- A Temporary Protection Order – This type of order only lasts for 14 days and is required before a Permanent Protection Order can be issued.
- A Permanent Protection Order – This type of order is issued at a court hearing where both sides are present. Generally, these are permanent. In some cases, after the passage of time, either side can ask that the order be dismissed.
- An Emergency Restraining Order – This type of order lasts for 3 days and is only issued if the alleged victim is believed to be in immediate danger.
Criminal Protection Orders last throughout the entire court process, meaning from the initial hearing to when the charges have been dropped or a verdict of not-guilty has been given. If someone is found guilty, the criminal order will continue until the sentence of probation, jail or prison is done.
What are the Penalties and Sentence for Violating a Protection Order in Weld County?
In Weld County, violating a Protection Order is a class 1 misdemeanor and comes with several penalties. A class 1 misdemeanor conviction penalties are: up to 18 months in Weld County Jail, and up to $5,000 in fines. If convicted, you can also face penalties for violation bail and / or the original crime that occurred.