In many types of criminal cases in Weld County, Mandatory Protection Orders are issued to prohibited the defendant from contacting an alleged victim. When a person is or has been an intimate partner to the victim and is criminally charged, they can also face Domestic Violence (DV) charges. A Mandatory Protection Order in a Domestic Violence charge are the strictest types of protection or restraining orders. They can prevent a defendant from returning to their home, having contact with their children, or even talking to their spouse about the day-to-day aspects of life that may come up. The O’Malley Law Office lawyers are here to answer your questions about Mandatory Protection Orders and Domestic Violence charges. Let us fight for your future.
Colorado Legal Definition of a Mandatory Protection Order C.R.S. 18-1-1001
The legal definition of a Mandatory Protection Order, C.R.S. 18-1-1001, in Colorado is:
(1) There is created a mandatory protection order against any person charged with a criminal violation of any of the provisions of this title 18, which order remains in effect from the time that the person is advised of the person’s 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 restrains 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 must be on a standardized form prescribed by the judicial department, and a copy provided to the protected parties.
(2) At the time of arraignment or the person’s first appearance before the court, the court shall inform the defendant of the protection order effective pursuant to this section and shall inform the defendant that a violation of such order is punishable by contempt.
What is the Difference Between a Mandatory or Criminal Protection Order and a Civil Protection Order in Greeley, Colorado?
In Greeley and across Colorado, the difference between a Mandatory Protection Order or Criminal Protection Order and a Civil Protection Order is who seeks to issue the order. Simply, a Civil Protection Order is sought out by a victim themselves whereas a Criminal Protection Order is issue by the court on behalf of a named victim in the criminal case. In Domestic Violence cases, judges like to err on the side of caution and will order the harshest of terms to ensure the safety of the victim. This can make both the defendant and the victim’s lives very difficult. We often have victims call our office asking how they can get a protection order modified, because they are unable to communicate with their spouse and they have children together and not having the ability to communicate is causing major issues.
Definition of Domestic Violence, C.R.S. 18-6-800.3, in Colorado
The legal definition of Domestic Violence, C.R.S. 18-6-800.3, in Colorado, is:
Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Domestic Violence is a sentence enhancer that increases the penalties of the original criminal offense if the defendant is convicted and cannot be charged by itself. Also, it is important to know that Domestic Violence can only be added to a criminal charge if the defendant and alleged victim have been or are currently in an intimate relationship.
Common Terms of a Mandatory Protection Order in a Domestic Violence Case in Weld County
The terms ordered by the Weld County Courts in a Mandatory Protection Order in a Domestic Violence Charge often are:
- No talking or interacting in any way to your spouse, children, or their relatives – this includes relaying messages through a third party.
- No returning to or going near your house.
- Prohibited alcohol and drug use.
- Loss of weapons and ammunition.
Once ordered, these rules are nonnegotiable and if a defendant violates them, they can face additional criminal charges, including Violation of a Protection Order.
How Long Do Criminal Restraining Orders Last in Windsor, Colorado?
When a judge issues a Criminal Restraining Order / Mandatory Protection Order in Windsor, the condition of the order lasts until the case is resolved. The terms or conditions of a Criminal Restraining Order can be changed through a formal request to the courts, and it is agreed upon by the judge. Even if the victim does not want a Protection Order, the terms stand unless a judge changes them, or the case is resolved. It’s important to note that, in the eyes of the Court, a case is snot resolved until the sentence is complete. So, the Mandatory Protection Order will remain in effect until the person has successfully completed their sentence. For example, if a person is sentenced to 2 years of probation, even though the court case is closed and no more court appearances are required, the Protection Order is still in place for the 2 years while the person is on probation.
It is imperative that you have a skilled and experienced criminal defense attorney by your side. The lawyers at the O’Malley Law Office have over 30 years of experience with DV cases and they understand that Mandatory Protection Orders can leave families torn apart and have detrimental effects on jobs and children.