Mandatory Protection Orders in Colorado
If you are charged with a crime under Colorado Criminal Code Title 18, or you are being accused of an act of domestic violence subject to CRS 18-6-800.3, then the district attorney in your jurisdiction will ask for and the judge in your courthouse will require that a mandatory protection order be issued against you.
This order will usually be made a condition of your bond and if you violate any of the provisions of the protection order, then not only can law enforcement file a new criminal charge of violation of a protection order CRS 18-6-803.5 against you, but the judge can also revoke the bond you have posted on your current case, and you will be sent back to jail right then and there. Furthermore, if he or she really wants to come after you, the district attorney can also file a brand new criminal charge of violation of bail bonds against you meaning you just had your criminal case in Arapahoe become three criminal cases.
Mandatory protection orders are referred to as criminal protection orders in Colorado. The main reason is because the reason you received the protection order is because of a criminal case that was filed against you that gave rise to (caused) this restraining order to be issued. Violation of this criminal protection order in Boulder, Weld, Adams Jefferson County or any other county is considered a class 1 misdemeanor in Colorado (M1). This is the most serious type of misdemeanor and the most serious type of protection order as well. It can carry with it up to 18 months in county jail or up to a $5,000 fine, or both.
I am being told I violated my Criminal Protection Order. Am I going back to jail?
Well, first it means that you have to now post a newand higher bond on your original criminal case — the one that caused the judge to issue a protection order against you in the first place. You will also have to post a new bond on the violation of protection order in Arapahoe that you were just charged with.
Furthermore, even though most Denver criminal lawyers don’t know this small fact, the penalties that you receive on a violation of protection order conviction — as a matter of law — can not be run concurrent with the penalties that gave rise to the protection order. So it means you will have to serve back-to-back jail time, or do back-to-back probation, or both.
It can be very confusing, and as pointed out earlier, most Colorado criminal defense attorneys don’t even know this bit of law, but we do! At Shazam Kianpour & Associates, we pride ourselves in being up to date on all of the recent changes in the criminal law courts in Denver, Arapahoe, Boulder, Adams, Douglas and Jefferson counties. We are happy to meet with you and give you a free consultation so you can know your rights and understand why you need to hire protection order defense attorneys with experience!
All the boxes are checked on my criminal protection order in Douglas County. Why can I not have an alcoholic drink or possess any guns?
Colorado judges are very conservative and prefer to err on the side of caution. What this means to you is that they tend to make mandatory protection orders as strict as possible when first starting out. Certain counties are worse than others. Mandatory protection orders in Jefferson County, Arapahoe County, and Douglas County are considered some of the harshest with little or no modifications allowed over time. Other counties like Denver County and Boulder and Adams County are harsh as well, but generally they are more reasonable when it comes to modifying certain provisions down the road.
Maybe your case had nothing to do with alcohol consumption, but the judge sees that you had a DUI some years ago and he or she wants to make sure you stay sober so mistakes don’t happen. Perhaps it is a family or domestic violence case and the judge is afraid if you are allowed to go home you will fight with or injure your spouse for calling the police and getting you in trouble in the first place.
Make sure whatever the conditions of your Colorado mandatory protection order are, that you take them seriously and follow them exactly. Call us today to discuss what we can do to help you fight these issues. We are available day and night at 303-578-4036.
My mandatory protection order has a “No Contact” box checked saying I cannot contact my wife or children. Can they do that?
Yes, they can do that. If you are charged with child abuse in Colorado or even domestic violence in Colorado, then the court can order you to vacate your home and not have any contact with your own family. This is very serious stuff and if you violate this provision by emailing, texting, calling, or even sending a message on Facebook or Google+, you are committing a brand new crime. You may also not ask other people to contact your wife or children for you and you may not pass on any messages through family or friends.
Too often, we see people have a weak moment, text their wife “I am sorry” and the next thing you know, the police are arresting and charging them with a brand new crime of violation of a protection order in Denver, Boulder, or Adams counties. Then how are you expected to fight these charges and get back with your family?
You should strongly consider hiring a Denver protection order defense lawyer with the credentials and past results that give you the best chance. Email or call Shazam today to discuss how we can help you get back with your family and put this mess behind you. We are available for free consultations and appointments at 303-578-4036.