Mandatory Protection / Restraining Orders issued pursuant to C.R.S. 18-1-1001 enter in most criminal cases in Adams, Broomfield, and Denver county. Coupled with bond conditions, a Mandatory Protection Order allows the court to impose restrictions on people accused of crimes, even prior to conviction. These restrictions can include no consumption of alcohol or non-prescription drugs, no contact with the alleged victim(s) or with any potential witnesses, restrictions on locations where the defendant is allowed to reside or visit, and orders prohibiting the possession of firearms or other weapons. In cases involving allegations of harm to children, “no contact” with children and minors, including the defendant’s own children, can be ordered.
The court is given enormous discretion in determining other conditions the restraining order may impose. The statute provides that the court may impose “Any other order the court deems appropriate to protect the safety of the alleged victim or witness.” C.R.S. 18-1-1001(3)(e). Although the restrictions punish the accused before they have even been convicted of a crime, the Colorado Legislature has rooted these restrictions in the need to protect the victim, the community, and ensure that the defendant will be law abiding. The presumption of innocence is weakened. The good news is that a defendant can petition to Court to modify the terms of mandatory protection / restraining orders or bond conditions at any time, with notice is given to the District Attorney. The bad news is that modifications are hard to come by early in the case. An experienced attorney can help you fight for modifications to protection / restraining orders to make it easier for you to focus on fighting the criminal case.
One of the issues I see commonly arise with mandatory protection / restraining orders is that my clients become so concerned about the restrictions that they aren’t able to focus on defending against the charges that are at issue. This usually happens in cases where clients are prevented from seeing their children. The stress of the restrictions effects people’s ability to evaluate case strategy and begins to take priority over fighting false allegations. Fortunately, I have had much success in getting restrictions modified during the course of the criminal case with a variety of strategies.
If you or someone in your family has been issued mandatory protection / restrainig orders in Weld, Jefferson or Douglas County, and you want to modify the terms while you fight your case, you should call the O’Malley Law Office, P.C. Be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.