Protection orders – also commonly referred to as Restraining Orders – are an integral piece of Domestic Violence cases at the Weld County Court in Greeley, Colorado.  Whenever a person is charged with a Domestic Violence / DV offense, the Weld County Court issues a criminal protection order to prevent the defendant from contacting the alleged victim.  These orders are terminated following the conclusion of the case, but the victim may still file a civil protection order, which lasts indefinitely.  In either case, the defendant is prohibited from contacting the victim – even through a third party.

Restraining Orders often create undue difficulty and hardship, creating many unnecessary complications like parenting decisions, rides for children, the payment of rent or a mortgage, bills and extra costs for a second family residence.  When this happens, it is imperative that you contact a top Weld County criminal defense lawyer.  We will not only represent you throughout your criminal case, but fight to have your protection order modified.

What is are Protection Orders in Weld County? Restraining Order Terms

Protection Orders / Restraining Orders are issued by the Weld County Court to prohibit one person from contacting another.  The person who is prohibited from contacting the other is then referred to as the “restrained party,” and the person protected by the order is the “protected party.”  While the main purpose of a restraining order is to disallow contact between two or more people, they also usually come with several other restrictions.

Protection orders are intended to prevent the defendant from engaging with the alleged victim by:

• Contacting them in any way, even through texting or calling.
• Contacting children through the protected party victim, even if they also belong to the defendant / restrained party.
• Visiting the victim’s residence, or coming within a certain distance of the victim’s residence.
• Going to any place where the victim frequents (such as their workplace), or coming within a certain distance of that place.
• Harassing or molesting the victim.
• Threatening or intimidating the victim.
• Touching or injuring the victim.
• Contacting the protected party victim through a friend or relative and passing a message

These provisions are included in all criminal and civil restraining orders.

Criminal Restraining Orders in Greeley Domestic Violence Cases, C.R.S. 18-1-1001

There are two types of restraining orders in Greeley, both of which have different roles in Domestic Violence cases: civil and criminal.  Criminal protection orders under C.R.S. 18-1-1001, also called Title 18 Orders, are always filed whenever a defendant is charged with a crime.  The main purpose is to prevent contact with the alleged victim.  These orders are terminated at the end of the criminal case, and they may only be modified, not dismissed, while the case is ongoing.  However, nothing precludes a victim from filing for a civil restraining order at any time – even during the case.  It is important to note that a case is not “over” for purposes of the Protection Order, until probation or any sentence to incarceration is complete.

Weld County Civil Protection Orders for Domestic Violence

In Weld County, civil protection orders are filed by a person who fears for their safety because of another person’s speech or behavior.  In the context of Domestic Violence cases, a civil restraining order is filed by a person who is or has been in an intimate relationship and feels unsafe because of their partner’s words or actions.  No crime needs to have taken place for a civil restraining order to be filed.  These protection orders can be temporary or permanent, and with the help of a top criminal defense lawyer, they can be modified or totally dismissed.  To get a Civil Protection Order, there must be some legitimate basis for fearing for your safety – not just failing to get along.

Whom are Protection Orders Intended to Protect in Weld County?

In Weld County, Protection / Restraining Orders are designed to protect the alleged victim from the defendant in a case.  However, protection orders also prevent the defendant from interacting with the victim’s:

• Workplace.
• Threats against friends and family members.
• Going to the protected party’s property, such as their home or car.
• Disturbing the protected party’s animals or other property.

What Happens if I Don’t Follow the Conditions of a Weld County Protection Order?

Not following the conditions of a Weld County Protection Order, whether intentional or accidental, comes with hefty consequences.  If you disobey or neglect any of these restrictions, you will be charged with Violation of a Protection Order, C.R.S. 18-6-803.5.  Violation of a Protection Order is always a class 1 misdemeanor when the defendant and alleged victim have been in an intimate relationship.

When you are first charged and booked into the Weld County Jail, it is likely that you will be given a high bail bond, making it difficult to bond out.  This is because when you were first criminally charged with the Domestic Violence offense, you had to sign an agreement, acknowledging that you understood the provisions of the Protection Order.  This was a condition of posting bond.  Because the Weld County Courts believe that you disregarded the Protection Order, it will be more difficult to bond out again.  Later, if convicted of Violation of a Protection Order, you could face up to 364 days in the Weld County Jail and a fine of up to $1,000.  Please note that only a judge, and not your victim, can allow contact legally.