Criminal Restraining Order | Weld County Protection Order Lawyer

Greeley Criminal Restraining Order: Protection Order Against Defendant,

C.R.S. 18-1-1001

A Criminal Restraining Order, or Protection Order Against Defendant, C.R.S. 18-1-1001, will be active from a defendant’s first hearing until the end of the case. This can either be until the case is dismissed or until the defendant has completed their full sentence. The statute specifically states:

(1) 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.

To simplify, if someone has been accused and arrested for any criminal activity, a Criminal Restraining Order / Protection Order will be put in place immediately. It serves to motivate the defendant to leave the “victim” alone. If they are caught violating the Protection Order, as many are, they will face additional criminal charges. Remember, you can’t have contact with the victim – even if they say it is ok or if they contact you first. Either way, you go back to the Weld County Jail.

Civil Protection Orders and Criminal Protection Orders for Weld County,

Longmont, and Firestone Cases

When it comes to civil protection orders and Criminal Protection Orders for Weld County, Longmont, and Firestone cases, there are very important distinctions between them to understand. Criminal Protection Orders are automatically put in place for the victim. The victim does not have to request or argue for a Criminal Protection Order. However, if a victim desires a civil protection order, they will have to request and argue for that. Civil Protection Orders are handled in civil court, which is different from criminal court. Victims have to prove that it is necessary for them to have a civil protection order by proving imminent danger to their well-being. Victims can have both a civil and a Criminal Protection Order active at the same time. The biggest difference between them though, is that a Criminal Protection Order has a finite time frame, and the civil protection order does not. As soon as a criminal case is completed, whether it is dismissed, or the defendant has been convicted and has finished their sentence, the Criminal Protection Order will no longer be active. The civil protection order, however, will remain active. To read more about civil protection orders, you can check out our page here!

Modifications or Dismissals of a Criminal Protection Orders in Brighton,

Fort Lupton, and Platteville

Even if you’ve received a Criminal Protection Order in Brighton, Fort Lupton, and Platteville, you can still try to have it modified or even dismissed. Typically, court mandated modifications tend to be more restrictive for the defendant. By hiring an experienced criminal defense lawyer, you can always try to fight against or for certain modifications. Some modifications the court typically imposes are:

An order to vacate or stay away from the home of the alleged victim or witness and to stay away from any other location where the victim or witness is likely to be found;
- What if the “alleged victim” is a coworker? Does that mean the court is going to encourage you to not go to work? A skilled defense attorney will know to fight this kind of modification immediately.
An order to refrain from contact or direct or indirect communication with the alleged victim or witness;
- What if the “victim” is the parent of your kids? Does that mean you won’t be able to have contact with your children? The lawyers at the O’Malley Law Office will not let that happen to you.
An order prohibiting possession or control of firearms or other weapons;
- Does your job require you to be in possession or have control of firearms or other weapons? It is a possibility to still make a modification around this.
An order prohibiting possession or consumption of alcohol or controlled substances;
An order prohibiting the taking, transferring, concealing, harming, disposing of, or threatening to harm an animal owned, possessed, leased, kept, or held by an alleged victim or witness;
- What if that animal is also yours? We know that pet owners tend to have strong bonds with their animals, especially when going through a difficult time.
Any other order the court deems appropriate to protect the safety of the alleged victim or witness.

Just because the court deems certain modifications are appropriate, does not mean your defense team will accept it. Your criminal defense lawyer can always try to get your Protection Order modified in your favor. Every situation is unique. Our lawyers will always handle your case with the empathy and care it deserves.

Domestic Violence and Mandatory Protection Orders for Greeley,

Evans, and Frederick Cases

In Greeley, Evans, and Frederick, with cases involving domestic violence, stalking, and unlawful sexual behavior, Mandatory Protection Orders are stricter. Not only will the above provisions be added into the Mandatory Protection Orders for those accused of domestic violence, stalking, and unlawful sexual behavior, but the defendants are likely to see even more provisions against them to restrict their freedom further. The courts will require that those defendants acknowledge the mandatory protection order in writing. If they refuse to do this, they cannot be released on bail. All parties involved in the case will be notified that the defendant is being released on bail, AND that they’re aware of the protection order put in place. Remember, no contact means just that - there are no shades of no contact or exceptions for contact.

In cases involving domestic violence, stalking, and unlawful sexual behavior, the district attorney may also request a hearing where they will try to impose further restrictions on the defendant. Here, the court will review the Protection Order, and anything the defense team or the district attorney wants to modify.

Violations of a Protection Order, C.R.S. 18-6-803.5, in Windsor, Dacono, and Mead

In Windsor, Dacono, and Mead, you can be charged with Violating a Protection Order, C.R.S. 18-6-803.5, when you don’t follow said Protection Order. If your Protection Order mandates that you do not contact the victim, and you’re accused of contacting the victim, you will also be accused of violating the Protection Order. Depending on the details of the incident, and if there were prior violations of the Protection Order, the accused might face anything from a class 2 misdemeanor to a class 1 extraordinary risk misdemeanor. We always recommend being familiar with the points in your Protection Order, and if you are unclear about them, give us a call. The last thing you want is to be facing accusations for an additional crime.

Need help with a Criminal Restraining or Protection Order in Greeley or Weld County?

If you need help with your Criminal Restraining or Protection Order in Greeley or Weld County, call the O’Malley Law Office today.

You should always understand the provisions in your Protection Order. If you don’t, consult an experienced criminal defense attorney in Greeley before you do anything. You don’t want to further jeopardize yourself with the Weld County courts.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense attorney in the Greeley and Weld County area today.

Colorado Law for Criminal Restraining Orders / Mandatory Protection Orders | Weld County Protection Order Lawyer