- Mandatory arrest of the accused;
- Mandatory protection order issued against the accused to ‘protect’ the alleged victim.
There is no ‘pressing charges’ option. Once the police are involved, certain required steps are taken. Also, Domestic Violence is not a crime itself. It is a sentence enhancer attached to other charges like Harassment or Assault.
Fort Collins Domestic Violence Defense Attorney: Protection Orders and Domestic Violence
In all criminal Domestic Violence cases, protection orders – C.R.S. 18-1-1001 – are issued. Because of the fear that something worse may happen, Larimer, Grand and Boulder County judges want to eliminate all contact between the accusing ‘victim’ and the accused. If you live with your spouse or significant other, this means you will no longer be able to stay in your own home.
Larimer County DV Lawyer: Children and Protection Orders – Unintended Victims
If you have children with your accuser, you will not be able to have contact with them, seeing as it would take communication to be able to set up visitation. There are harmful emotional effects for children when their parent is kept from them. Having an experienced criminal defense attorney represent you can help with this issue. We can advocate to modify these protection and restraining orders to allow for phone or email contact so you can still see your children.
Restraining and Civil Protection Orders in Larimer County
While protection orders relate only to criminal cases, civil restraining orders – C.R.S. 13-14-102 – can be acquired whether or not you have a criminal case. Again, fear plays a role when a ‘victim’ requests a restraining order. Judges and magistrates do not want to become headline news if something happens after they refuse the order, so they issue them with very little proof. In order to issue a restraining order, the law requires judges to find proof of imminent harm. Many times, with very little or no proof, the restraining order is granted, causing serious problems for the accused.