A Criminal Protection Order, also known as a Restraining Order, is issued in all Domestic Violence charges in Greeley. If you are accused of Violating a Protection Order then you could be facing class 1 misdemeanor penalties with lengthy time in jail and large fines. A Civil Protection Order is different, and can last forever (see more below for the specifics). Hiring an affordable attorney in Weld County can help you navigate the criminal charges that caused the Protection Order in the first place and the charges for Violation a Protective Order for Domestic Violence. If you have been accused of Violating a Protective Order in Fort Collins, for help with your case go here.
What is the Definition of Violating a Protection / Protective Order, C.R.S. 18-6-803.5, in Weld County?
In Weld County the definition of Violating a Protection / Protective Order, C.R.S. 18-6-803.5, is:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; (b) Except as permitted pursuant to section 18-13-126(1)(b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person; or (c) Violates a civil protection order issued pursuant to section 13-14-105.5, C.R.S ., or pursuant to section 18-1-1001(9) by: (I) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or (II) Failing to timely file a receipt or written statement with the court as described in section 13-14-105.5(9), C.R.S., or in section 18-1-1001(9)(i) or 18-6-801(8)(i).
In What Criminal Cases are Restraining Orders / Protection Orders Issued in Greeley, Colorado?
A Protection Order is issued in Greeley, when it is suspected that person has used actual or threatened violence to coerce, punish or control an intimate partner. When Domestic Violence is suspected, a Protection Order is issued along with another criminal charge such as:
- Assault C.R.S. 18-6-801
- Menacing C.R.S. 18-3-206
- Child Abuse C.R.S. 18-6-401
- Harassment C.R.S. 18-9-111
- False Imprisonment C.R.S. 18-3-303
- Stalking C.R.S. 18-3-602
- Elder Abuse C.R.S. 18-6.5-103
In Weld County, What are the Penalties for Violating a Criminal Protection Order for Domestic Violence?
In Weld County, if you convicted of Violating a Criminal Protection Order the sentence would be a class 1 misdemeanor with penalties of 6 – 24 months in Weld County Jail and $500 – $5,000 in fines. This is not including the criminal charge that initiated the Protection Order. Even if those charges are dropped, the Violation of a Criminal Protection Order will still stand if you have violated the terms of the Order PREVIOUSLY served on you. Yes, it is a requirement of a valid Order violation, that you’ve been served with notice of the Order or restriction PRIOR to being charged.
What is the Difference Between a Criminal Protection Order and a Civil Protection Order in Greeley, Colorado?
As stated above, a Criminal Protection Order (also known as a Mandatory Protective Order) is issued in every criminal case. It is called an 18-1-1001 Protection Order when a police officer accuses you with any criminal offense. With Domestic Violence cases, the accused will be arrested and personally served with this Order in writing and orally. In DV cases, it will be alleged to a judge, that a defendant’s intimate partner has been coerced, intimidated, controlled, or is a victim of physical violence. Once a Criminal Protective Order has been issued, it will remain in effect until your criminal case is resolved.
A Civil Protection Order is requested by anyone, not necessarily a victim of a crime. Again, no crime needs to happen before one is issued. There are two types of Civil Protection Orders: a temporary restraining order and a permanent restraining order. For the temporary, the defendant is not given any notice of the application for the order. For it to be made permanent, there is a hearing where the defendant can defend themselves from the accusations.
If you or someone you love has been charged with Violation of Protection Order, be smart, exercise your right to remain silent, and call our defense attorneys promptly. Remember, the Greeley Police are not there to help you – but to build a case against you. Contact Weld County’s affordable and best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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