Protection orders are handed out like Halloween candy by magistrates and judges. While we find many of the protection orders to be overkill, this couple might just consider leaving theirs in place. The news report does not explain the circumstances surrounding the original protection order, but a man and woman both received a protection order preventing any contact with the other. It seemed they did not heed this order because they were later arrested for fighting after the protection order was is place, and now they are facing criminal charges of Assault in the Third Degree and Violation of a Protection Order.
What is Violation of a Protection Order in Larimer County?
The Colorado law definition 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, C.R.S., or 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 receipt or written statement with the court as described in section 13-14-105.5 (9), C.R.S., or in section 18-1-1001 (9) (i) or 18-6-801 (8) (i).
Basically in Larimer, Boulder, or Grand County, a protection order will describe exactly what a person is or is not allowed to do when it comes to an alleged victim or protected party. If the protection order states that there is to be no physical contact and you are caught in a physical altercation with that person, it would be considered a violation. If the protection order states there is to be no contact whatsoever and the protected party receives even a text message with an apology, it could also be considered a violation.
Mandatory Protection Orders and Domestic Violence Cases in Loveland
The problem we see with many mandatory protection orders is that initially, the order usually prevents any communication between the parties. Especially in Domestic Violence cases where an argument with a boyfriend or girlfriend may have gotten out of control, one party may want to try and fix things. It is hard to stay away from someone you love, especially when the separation isn’t wanted by either party. Even if your wife is the alleged victim and tells the court she doesn’t want the protection order, that doesn’t always mean it will be lifted. This means you may be left without your partner, your home, or access to you kids while the case is going on. This can take months. At the O’Malley Law Office we try to be proactive and get a protection order modified to allow for certain types of communication. We don’t want you to end up with an added charge of Violation of a Protection Order in your case.
Assault in the Third Degree in Fort Collins
Third Degree Assault – C.R.S. 18-3-204 – is a very commonly charged offense in Colorado. This is mainly because all a victim has to do is claim they felt some sort of physical pain and it is automatically considered an Assault. Much like Violation of a Protection Order, this charge is also common with Domestic Violence cases.
If you or someone you love has been charged with Violation of a Protection Order or Third Degree Assault in Fort Collins, Loveland, or Estes Park, be smart and exercise your right to remain silent. Then, contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.
Image Credit: Pixabay – RyanMcGuire