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The Trend in Protection / Restraining Orders, C.R.S. 13-14-102

Protection / Restraining Orders come in two sizes in Arapahoe, Jefferson and Douglas County: the Civil Court type and the Criminal Court type. In each, courts are now trending to give the order and slow to appreciate the consequences of the orders.

These court orders are powerful tools in the hands of an angry spouse or girlfriend. They can prevent a man from seeing his kids, going home, or going to work. Fearful of a catastrophe occurring without a requested order, Courts regularly grant them in order to avoid even the possibility of criticism in the future if someone assaults or kills another. Even if a judge has an unfounded basis for the order, they will grant it to protect themselves as well as the requesting party. This is not the intent of the statutes authorizing the orders.

Civil Protection / Restraining orders in Adams, Denver, Larimer and Weld County come under C.R.S. 13-14-102 , and generally need a basis of violence or threatened violence. They always order "no contact". Something as simple as leaving flowers or writing an apology note will be deemed a violation of the Civil Restraining / Protection Order. Criminal Protection orders are granted in any criminal case, telling the defendant they cannot harass, molest, intimidate or retaliate against any victim or witness in their case. These criminal orders can require no contact or permit contact.

Violation of one of these orders is taken pretty seriously, as judges imagine the worst. C.R.S. 18-6-803.5 outlines the crime of Violation of a Protection Order. Here, police are ordered to immediately arrest a person accused of violating a Restraining / Protection order. Rarely is such a drastic step taken on mere allegations. Angry women frequently use this provision to put their boyfriend in jail. They know police have no discretion on the arrest. People are using this law to their advantage in Domestic Violence cases (where no actual "violence" is needed).

Violation of a Protection Order is a Class 2 Misdemeanor in the first case and a Class One Misdemeanor in a second case. Judges are much more likely to impose jail upon a violation of this crime compared to others.

If you have been served with a temporary or permanent Protection / Restraining Order, be smart, exercise your right to remain silent, and call our lawyers at 303-731-0719. Together, we can protect your future.

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