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Protection / Restraining Orders Archives

The Powerful Pain of Protection / Restraining Orders

Domestic Violence cases evoke strong feelings. Two people who have loved each other are at odds and emotions are high. The bonding which occurs through a sexual relationship is powerful. It cements a man and woman. A threak to break up that relationship is deeply hurtful and causes immense conflict between defense of the prior love and defense of self. In most cases, the sense of loyalty possessed by a couple will resurface following a Domestic Violence altercation. Domestic Violence Protection / Restraining Orders can be used for your benefit if managed correctly.

Dismissal and Modification of Protection / Restraining Orders

If you are a restrained party under a Civil Protection Order (also known as a Restraining Order) in Denver or Adams County, which is currently in effect, you have the opportunity under Colorado law to have it dismissed entirely or modified after 2 years of compliance. C.R.S. 13-14-108. Under Colorado law, restrained persons can petition the Court to modify or dismiss Protection / Restraining Orders. Read Why Courts Give Out So Many Restraining Orders.

Violation of Protection / Restraining Orders Charges

Violation of Protection / Restraining Orders is a little known crime in Colorado. The elements of the offense and the punishment upon conviction, may seem contrary to logic and inconsistent with other criminal laws in Denver, Douglas, and Arapahoe County. Domestic Violence Violation of a Protection / Restraining Order can be charged where two types of protection orders are in place: 1) civil protection orders under C.R.S. 13-14-102 and 2) criminal mandatory protection orders under C.R.S. 18-1-1001.

Civil Protection / Restraining Orders Modification / Removal in Colorado

Trying to remove or modify a Civil Protection / Restraining Orders, C.R.S. 13-14-108, in Arapahoe or Jefferson County is not a simple matter. It wasn't long ago I wrote about the various types of Protection Orders (also known as Restraining Orders). In that piece I mentioned why judges are motivated to grant Civil Protection Orders. But, like a growing number of personal freedoms, it is easier to have them stripped away than it is to have your rights restored.

Civil Protection / Restraining Orders Removal in Colorado - C.R.S. 13-14-108

protection-restraining-orde.jpgIt is not easy to get Protection / Restraining Orders removed in Arapahoe or Jefferson County, C.R.S. 13-14-108. Not long ago, I wrote an article on the various types of Protection Orders, also known as Restraining Orders. In that article I talked about how easy it is to get a judge or magistrate to grant one. Like other personal freedoms, it is easier to have rights stripped away than restored. As a long time Denver area criminal defense attorney, I have seen this happen with more than just Protection Orders. A good example is if your property is confiscated in an arrest. But, after you are found not guilty in places like Douglas County, you can wait months to get it back.

Temporary Civil Protection / Restraining Orders

Almost anyone can get a Temporary Civil Protection Order (C.R.S. 13-14-104.5) issued against another person in Arapahoe County, Jefferson County, or Lincoln County. By filing a standard set of Colorado forms with a judge or magistrate against any person, 10 years of age or older, Temporary Protection / Restraining Orders are usually granted. The reasons are simple. It is easy for people to make allegations about someone they are upset with, the standard of proof is set very low, and judges or magistrates do not want bad publicity if a person is injured following the denial of a Temporary Protection Order from her docket.

Mandatory Protection / Restraining Orders in Colorado

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.

Protection / Restraining Orders - Hamster Can Send a Man to Jail

We have all seen the bizarre result of Colorado's laws which are not well thought out. Here is another case in point: did you know that contact with a hamster could send you to jail? It must have been an animal rights group that pressured the Colorado legislature to include animals in Protection / Restraining Orders.

Protection / Restraining Orders Used as Revenge & Control Tools

Protection / Restraining Orders issued by courts are supposed to be used to preserve the peace and protect victims of crimes. In today's world, however, we see people using them to get the upper hand on ex-spouses, ex-boyfriends and neighbors. Regrettably, courts are generally all to willing to allow this abuse to occur.

Violation of Protection / Restraining Orders - Denver Attorney

Violation of Protection / Restraining Orders (C.R.S. 18-6-803.5) is a crime where many people are unaware of the nature of the offense and the likely punishment upon a conviction. Violation of a Protection / Restraining Order can occur with two different types of orders: a criminal mandatory protection order (C.R.S. 18-1-1001) and a civil protection order (C.R.S. 13-14-102). In either case, the punishment for a conviction is the same in Colorado courts.

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Case Results:

  • 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.

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