Criminal Restraining Orders in Colorado

Criminal Restraining Orders are Mandatory in Colorado

In Colorado, every criminal case implicates a mandatory restraining order / protection order (these are the same thing and are used interchangeably). C.R.S. 18-1-1001 restraining orders / protection orders are designed to enhance the protection of prospective victims and witnesses in a criminal case, and to promote a peaceful resolution of disputes.

Generally, in Arapahoe County and other Colorado counties, these orders provide that a defendant is restrained from harassing, molesting, intimidating, retaliating against or tampering with any witness to or victim of the acts charged. This order is supposed to be given at a defendant's first court appearance.

If the underlying case involves an allegation of domestic violence, the court is authorized to impose additional conditions in the order, such as:

For the defendant to stay away from the home of the alleged victim and any location that person is likely to be found, and
For the defendant to refrain from contact or direct or indirect communication with the victim, and
For the defendant to not possess firearms or any other weapon, and
For the defendant to not consume or possess alcohol or controlled substances

If a person is restrained in this manner, it is a separate crime for that person to violate any of the order provisions in Weld County, Elbert County, Gilpin County, Colorado or any other Colorado counties. Violation of a restraining order is set forth in C.R.S. 18-6-803.5. It is even a crime for a person who is restrained to hire, employ or otherwise contract with another person to locate or assist in the location of the protected person. Violation of a restraining /protection order is a class 2 misdemeanor. In the restraining order legislation, there are many provisions making it a requirement for Colorado police officers to make an arrest if they believe a restraining / protection order has been violated. After the arrest, the court will be inclined to set an increased bond in the underlying case or to simply refuse to release the restrained party.

A restrained person greatly empowers and gives complete control of their lives to the protected party if they make any type of contact. So, stay away and make no contact until you have been given permission by the court or under the advice of your Colorado lawyer. In most cases, we can arrange for a modification of the provisions of your restraining order / protection order so that you can have contact with protected persons. While this modification will be dependent on the severity of the underlying offense and the wishes of the protected party, some type of modification will limit the harm which occurs to you and your family in Colorado. It is important, for example, for a parent to continue to have contact with their children, even if they are not getting along with their spouse.

If restrained, refuse the temptation to make contact of any kind, even through third parties. Be smart, exercise your right to remain silent, and contact us right away at 303-731-0719. Together, we can protect your future.

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Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.