Protection Orders in Aurora, Colorado are typically issued when allegations and an arrest occur stemming from some sort of alleged activity. Because the “victim” in many criminal cases is believed right from the start, police sometimes don’t do much questioning as to whether the accusations are true. This can lead to the arrest of many men and women, false accusations, and overcharges. Alongside these allegations and arrest, come protection / restraining orders. Consulting with an experienced protection order attorney is an important step as you navigate your unique situation.
What is a Civil Protection Order in Aurora, Colorado?
Under Colorado law C.R.S. 13-14-102, defendants can be issued a civil protection order when proof that imminent danger to someone’s life or health exists. These are often temporary orders and only those that are seeking the civil protection order are present at the time they are issued. Because of this, the allegations against the defendant are in no way challenged as true or false. Sometimes, there is a follow-up hearing to decide if the civil protection order is permanent. In some cases, the defendant might have the opportunity to modify or dismiss a civil restraining order, even if it has been ruled permanent. In order to apply for modification / dismissal, two years must have passed since the order was ruled permanent.
What is a Criminal Restraining Order in Aurora, Colorado?
C.R.S. 18-1-1001 addresses Criminal Restraining Orders. These are issued in Aurora, Colorado when there is a criminal case involving an alleged victim. Below are a few examples of charges that will include a criminal restraining order:
· False Imprisonment
Criminal restraining orders are also commonly referred to as Mandatory Criminal Protection Orders. These types of orders do in fact expire at the end of a criminal case. This means once a defendant has completed jail, probation, prison, or parole the protection order is lifted. Some of the restrictions involved with mandatory protection orders can include:
· No alcohol or drug use
· No communication with the alleged victim
· No firearms possession
· No contact with children
· Specified distance from certain locations
Violation of a Protection Order in Aurora, Colorado
Being arrested for violating a protection order in Aurora, Colorado is a serious situation. This can either be charged as a class 2 misdemeanor or class 1 misdemeanor depending on previous violations. If a defendant has prior violations of protection orders, a class 1 misdemeanor can result. Consequences here can include up to 2 years in county jail and up to a $5,000 fine. If no prior violations have occurred, the defendant faces a class 2 misdemeanor. Here, the sentence can include up to 1 year in jail and up to a $1,000 fine.
If you or someone you know is trying to navigate a Protection Order, be smart. Contact the skilled attorneys at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.
Photo Credit: Pixabay – godoycordoba