In all criminal cases in Larimer County, a Mandatory Protection / Restraining Order – C.R.S. 18-1-1001 will be issued. Here are a few examples of offenses for which it is mandatory that the judge issue a restraining order in Fort Collins, Estes Park and Windsor:
- Domestic Violence – C.R.S. 18-6-800.3
- Assault – C.R.S. 18-3-202
- Child Abuse – C.R.S. 18-6-401
- Disorderly Conduct – C.R.S. 18-9-106
Combined with bond conditions, a mandatory protection order allows the court to control many aspects of a person’s life – even before they have been convicted of a crime. Some of these restrictions include:
- No alcohol or non-prescription drugs.
- No contact with the alleged victim(s) or with any potential witnesses.
- Prohibited possession of firearms and other weapons.
- Restrictions on where you can live or visit.
- If children are involved in the case, “no contact” with children and minors (including your own) can be ordered.
Mandatory Restraining Orders: Restricting the Innocent in Fort Collins, Loveland and Estes Park
The court is given an enormous amount of power and discretion when deciding other conditions to impose with a restraining order. The statute says that:
What happened to “innocent until proven guilty?” These restrictions are limiting the lives of people who have not been found guilty of any crime. This twisted justice is all in the name of protecting the victim and the community, and ensuring that the defendant will be law abiding. Thankfully, there is good news. Through their lawyer, a defendant can petition to the court in Larimer County to modify the terms of the mandatory protection order or conditions of his/her bond. Unfortunately, it is difficult to get these modifications early on in a case. An attorney who is experienced with fighting for modifications to protection / restraining orders makes it much easier for you to fight the allegations against you.
Restraining / Protection Orders Distract from Fighting your Case
Often, our clients in Fort Collins, Loveland and Johnstown get so caught up in the restrictions of the restraining order that they can’t focus on defending themselves against the original charges. This is most common in cases where our clients are restricted from seeing their own children. The stress of not seeing their kids doesn’t allow them to fight false allegations with focus. Fortunately, we have had much success at getting these restrictions modified so that our clients are able to fully focus on the fight ahead of them.
If you or a loved one has been issued a mandatory protection / restraining order in Larimer County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
Image Credit: FreeDigitalPhotos – patrisyu