When a person is arrested for any crime with a Domestic Violence sentence enhancer, then a mandatory protection order must be entered by the judge. This is why there is a mandatory arrest for DV cases. The person must be held in custody until they can get in front of a Larimer County judge or magistrate so the protection order can be entered. The mandatory protection order must be issued at the first appearance and remains in place until the case is completely over. If a person takes a deal and enters a plea, the protection order stays in place through the sentence – whether it be probation or jail. It’s important to note that this only applies to the protection order entered through a criminal case. A civil protection order / restraining order has different rules regarding the length of time the protection order stays in place.
Mandatory Protection Order in Fort Collins Domestic Violence Case: Conditions of a Criminal Protection Order
In Fort Collins, Loveland and Estes Park, a Domestic Violence protection order has the standard language that the restrained person must not harass, molest, intimidate, retaliate against, or tamper with any witness or victim related to the case. The named victim is automatically listed as the protected party. The court can add additional conditions, including but not limited to:
- Vacate the home of the victim and stay away from any locations the victim is likely to be (work, school, etc.);
- Refrain from contacting or communicating with the victim (even through a third party);
- Not possess, purchase, or control a firearm or other weapon;
- Not possess or purchase ammunition;
- Relinquish and firearm or ammunition in your control; and/or
- Not possess or consume alcohol or controlled substances.
Domestic Violence Violation of a Protection Order in Fort Collins
If, while the protection order is still active, a person is caught violating one of the conditions of the protection order, then Violation of a Protection Order can be charged. Interestingly, on a DV case, if you are accused of violating the protection order, then you will be re-arrested and get a new case where an additional protection order will be entered. It’s not always the victim reporting a violation. Often, the protected party will want to have contact with the restrained party. When the court is unwilling to make modifications to allow for that contact, sometimes the parties just take matters into their own hands. Incidental contact with police can sometimes result in the Violation of a Protection Order charges. For example, if you are with the alleged victim in your case against the protection order and you get pulled over for speeding, this can result in an arrest and a new criminal charge.
If you or someone you love has been charged with 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 consultation. Together, we can protect your future.
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