In Fort Collins and Larimer County, when a person is accused of a crime as an act of Domestic Violence, a Mandatory Protection Order is always entered. This is why in Domestic Violence cases, there is a mandatory arrest – so the person can go in front of the judge and have the protection order put in place. Based on the allegations, position of the alleged victims, and the arguments from the DA and defense attorney or public defender, the following conditions are chosen from a standardized form:
- Shall not harass, molest, intimidate, retaliate against or tamper with the victim;
- Shall vacate the home of the victim and stay away from any locations the victim is likely to be;
- Shall not contact or communicate (directly or indirectly) with the victim;
- Shall not possess, purchase, or control a firearm or weapon;
- Shall not possess or purchase ammunition;
- Shall relinquish any firearm or ammunition in immediate possession or control within 24 hours of the order being signed and file proof within 7 business days of the date the order is entered;
- Shall not possess or consume alcohol or controlled substances;
- Any additional conditions as determined by the judge or magistrate.
This doesn’t mean that all conditions will be chosen, but if charged with a Domestic Violence crime, #1, #4, #5, and #6 are ALWAYS applied. Very often, the judge will also prevent contact between the victim and accused.
Protection Order Against Defendant in Domestic Violence Cases: Larimer County DV Lawyer
In Larimer County, Colorado the statute that applies to protection orders and Domestic Violence cases is under C.R.S. 18-1-1001 and states as follows:
(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.
This statute outlines the necessity for a protection order to be entered in any Domestic Violence case and that it must be ordered at the first court appearance.
Violation of a Protection Order in Loveland and Estes Park: Protection Order Violation Defense Attorney
The Larimer County, Colorado law definition of Crime of Violation of a Protection 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 or a mandatory protection order issued 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 signed affidavit or written statement with the court as described in section 13-14-105.5 (9), 18-1-1001 (9)(i), or 18-6-801 (8)(i).
Most often, this crime is charged when someone is caught having contact with the alleged victim. It doesn’t matter if the protected party WANTS to have the contact. It doesn’t matter if the protected party initiated the contact. There is no responsibility on the protected party. The accused/defendant is the only one who gets in trouble if a condition of the protection order is violated.
If you or someone you love has been charged with a Domestic Violence crime or Violation of a Protection Order, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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