Are you facing a Criminal Protection or Restraining Order in Weld County? Protection Orders are court orders that prevent a victim from being contacted by an alleged abuser. Our criminal defense lawyers know what it takes to win Protection Order Violation allegations. Below, we will tell you what you need to know about Protection Orders and Restraining Orders. If you are facing a Protection Order in Larimer County or Fort Collins, find help here.
These 5 Facts on Protective Orders are Discussed Below:
- Definition of A Criminal Restraining Order, C.R.S. 18-1-1001, in Greeley
- Reasons that Protective Orders are Served in Weld County
- Civil vs Criminal Protective or Restraining Orders in Greeley, Colorado
- Conditions of Criminal Protective Orders in Weld County
- Violating a Protection Order – What Happens in Greeley, Colorado?
- Definition of a Criminal Restraining Order, C.R.S. 18-1-1001, in Greeley, Colorado
1. A Criminal Restraining Order, C.R.S. 18-1-1001, in Greeley is defined as:
2.Reasons that Protective Orders are Served in Weld County
In Weld County, Protective Orders are served to prevent contact by a defendant with an alleged victim. Protective or Restraining Orders can be issued for several reasons, in order to prevent further violence in these situations:
- Domestic Violence Situations
- Harassment Charges
- Stalking Cases
- Abuse Situations
3.Civil vs Criminal Protective or Restraining Orders in Greeley, Colorado
There are different types of Protective or Restraining Orders in Greeley. Every Protection Order is unique to the case that it involves, however there is a difference between Civil Restraining Orders and Criminal Protective Orders. A Civil Restraining Order is sought by an alleged victim (whether a criminal case exists or not) and granted if the judge is convinced that the victim is in imminent danger. There are 3 types of Civil Restraining Orders: Temporary Restraining Orders, Permanent Restraining Orders and Emergency Restraining Orders. Yet all of them have a similar penalty if they are violated.
In contrast, Criminal Protective Orders are issued with nearly every criminal charge. These are issued by a judge and are issued whether a victim wants one or not. An example of this, is in Domestic Violence arrests. There a judge is require to issue a Criminal Protective Order automatically in every case. In many situations, the victim does not even want one, or strongly opposes one. The government thinks that they know better than the victim, about what is best for the victim. To learn more about Domestic Violence charges, go here.
4.Conditions of Criminal Protective Orders in Weld County – Protection Order Details
In Weld County, the conditions of Protective Orders are specific to each case, however some typical conditions are:
- Avoiding all communications with victim. This includes all communications by phone, text, email, and/or social media.
- Avoiding locations where the victim could be found such as housing, cars, workplaces, or schools.
- Temporarily surrendering custody of pets or children.
- Loss of ability to possess guns, weapons or ammunition. As of 2020, if a person is deemed to be an extreme risk, they may fall under what is known as the “Red Flag Law.” To learn more about the “Red Flag Law,” go to this page.
5.Violating a Protection Order – What Happens in a Greeley, Colorado Court?
When a defendant violates a Protection Order in Greeley, it is a criminal offense and the police are permitted to make an arrest. The important thing to note is that this does not need to be reported by the victim, if the Greeley Police believe that a Protection Order violation has occurred. A defendant can be facing a criminal offense for violating the order. If you are found to have violated Criminal Protection Order, you can be faced with a class 1 misdemeanor which carries penalties of up to 18 months in Weld County Jail and up to $5,000 in fines. This is in addition to any sentence and penalty from the original crime.
With the O’Malley Law Office lawyers helping you navigate the court system, the terms of a Protection Order may be altered or possibly dismissed. The cooperation of your “victim” in this effort is very valuable.
Are you or a loved one are facing a Criminal Protection or Restraining Order in Weld County? Call the O’Malley Law Office today at 970-616-6009 to speak with an experienced criminal defense attorney. Let us help you understand the requirements of the order, figure out how to change the terms of the order with your victim’s assistance, and fight for the best outcome in your case. Together, we can protect your future.
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