A Protection or Restraining Order in Weld County is ordered in every Domestic Violence case. Violating a Protection Order is a separate criminal charge where the defendant faces time in the Weld County Jail and a large fine. The lawyers at the O’Malley Office can help if you are facing Domestic Violence charges, understanding why Protective / Protection Orders are issued in every case. If you are being accused of Violating a Restraining Order, you will be facing a brand new case, in addition to the original charges. It is important to understand the crime charges against you. Below, our experienced Protective Order lawyers will discuss these Domestic Violence charges with Restraining Orders. If you are facing Violation of a Restraining / Protection Order in Larimer County, get help here.
Definition of Violating a Domestic Violence Case Protection / Protective Order, C.R.S. 18-6-803.5, in Greeley, Colorado
In Greeley Domestic Violence cases, 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).
What are the Two Types of Restraining Orders in Weld County? Is Domestic Violence Needed?
The two types of Restraining or Protective orders in Weld County are, Civil and Criminal Protective Orders. A Civil Restraining Order is one that is initiated by the alleged victim, but a crime does not need to occur first for a Civil Restraining Order to be issued. Plus, Domestic Violence does not need to be alleged. In fact, anyone can accuse another of harm or a threat of harm to them, and probably get a Protection Order. A Criminal Protective Order is mandatorily issued any time there is a criminal arrest or charge for Domestic Violence. With Domestic Violence, the original crime can be anything other than a traffic violation where the police or the judge suspects the defendant has used violence or threatened violence to intimidate, punish, or control an intimate partner.
What are the Conditions of a Criminal Protective Order in Ault, Windsor, or Greeley, Colorado?
In Ault, Windsor, or Greeley, when a defendant is faced with a Criminal Protective Order, they are given instructions and restrictions that can remain until the end of the case. Some of the most common conditions and restrictions are:
- to remain a specific distance from the alleged victim’s home and family members
- to vacate the victim’s home (even if you own the home!)
- stay away from locations where the alleged victim is likely to be
- refrain from any contact or communication
- give up any firearms, ammunition, or other weapons
- refrain from using alcohol or controlled substances
It is important to note that a defendant can apply to their criminal court at any time for modifications or dismissal of a restraining order. Most judges want a 30 day cooling off period before they will restore in-person contact. If you are facing a Protective Order, it is essential that you have a skilled and aggressive lawyer to help you get modifications so you don’t Violate the Protective Order and face more criminal charges.
Weld County Sentence and Penalties for Violating a Criminal Protective Order
A defendant needs to be aware of how seriously the Weld County Courts treat these charges. The sentence for Violating a Criminal Protective Order is a class 1 misdemeanor punishable by up to 364 days in jail and up to $1,000 in fines for the first offense. It is important to know that any sentence for a Violation of a Criminal Protection Order must be served consecutive to any sentence in the original case. For subsequent Violations of Criminal Protective Orders, a defendant could face up to 18 months in jail and up to $1,000 in fines. Even if the charge for the original crime is dismissed, a defendant can still face criminal charges for Violating a Protective Order.
Why Hire a Skilled Greeley, Colorado Lawyer When Facing a Domestic Violence Violation of a Criminal Restraining Order?
In Greeley, there are many conditions that can cause a defendant to face a Violation of a Restraining Order charge, other than showing up on the victim’s doorstep. Unfortunately, understanding and complying with Restraining or Protective Orders can be difficult. The lawyers at the O’Malley Law Office have over 30 years of experience successfully defending against Domestic Violence, Protective Orders, and Violation of Protective Orders. Having an aggressive lawyer who will fight for the best outcome is your best defense.