How to Apply for a Restraining Order in Colorado?
When a legal client faces domestic violence charges in Colorado, understanding the restraining order process becomes necessary to a domestic violence attorney’s defense strategy. The intersection of civil and mandatory protection orders in criminal cases creates a detailed legal terrain that can significantly impact a defendant’s case, living situation, and future.
Anyone involved with domestic violence or restraining orders in Colorado should contact a nearby Colorado criminal defense lawyer as soon as possible.
The Two-Track System: Civil vs. Criminal Protection Orders
Colorado operates on a dual-track system regarding restraining orders. Therefore, criminal defense attorneys understand both sides. Civil protection orders are typically sought by alleged victims who feel threatened or harassed. In contrast, mandatory protection orders are automatically issued by the court when someone is charged with a crime, particularly those involving domestic violence.
In Colorado, if you’re charged with a crime involving domestic violence, the court automatically issues a mandatory protection order against you. This automatic issuance means you will face immediate restrictions before you and your criminal defense attorney can present your side of the story.
How Civil Protection Orders Work
The civil protection order process begins when someone files a petition with the court claiming they need protection from harassment, abuse, or threats. A filing fee is required except when the person seeking a protection order is a victim of domestic abuse, domestic violence, stalking, sexual assault, or sexual abuse. This fee waiver removes financial barriers for alleged victims, making it easier for them to seek protection orders. That way, they’ve got a safety net legally.
The petitioner completes the necessary forms at the courthouse before 9 a.m. if they want same-day processing. The process can take several hours, as the petitioner must appear before a county court magistrate who will review the application and determine whether to grant a temporary restraining order.
Once the temporary order is issued, a hearing date is set, usually within two weeks. At this hearing, both parties can present evidence and testimony. The court will then decide whether to issue a permanent protection order. The P.O. sometimes lasts for years.
Mandatory Protection Orders in Criminal Cases
When you are charged with any crime in Colorado, the court is required to issue a mandatory protection order. In all criminal cases—barring traffic cases—a court must enter a “Mandatory Protection Order” or “MPO.” These orders protect witnesses and alleged victims while the case is pending and continue through any resulting sentence.
A Mandatory Protection Order in a Domestic Violence charge is the strictest protection or restraining order type. This means a defendant will face the most restrictive conditions when domestic violence charges are involved.
The mandatory protection order becomes a condition of bond, and violating it can result in additional criminal charges. The order stays in effect until the end of the case and through the term of a sentence, so this extended duration may span months and years.
What These Orders Prohibit
Understanding exactly what these orders prohibit is essential for advising your clients. Protection orders typically forbid the defendant from harassing, molesting, intimidating, retaliating against, or tampering with a witness or victim. In domestic violence cases, the restrictions often extend further, potentially including no-contact provisions, stay-away orders from the family home, and prohibitions on communication through any means, including texts, emails, or phone calls.
The practical implications for a defendant can be severe. For instance, you may be forced to find alternative housing, lose contact with your children, and face significant disruptions to your work and personal life.
By working with a domestic violence defense lawyer, you can understand these consequences and develop strategies to comply while building a defense.
Strategic Considerations for Defense Attorneys
The timing of protection order proceedings can significantly impact your criminal defense strategy. Civil protection order hearings often occur before the criminal case is resolved, meaning statements made during these proceedings may potentially be used in the case. A defense lawyer must consider advising their client to participate in the civil hearing or exercising their right to remain silent.
Cross-allegations are common in domestic violence cases, where both parties seek protection orders against each other. These situations require careful follow-through, as mutual protection orders can complicate clients’ ability to present their version of events.
The standard of proof for civil protection orders is lower than for criminal convictions. While you need proof beyond a reasonable doubt for a criminal conviction, protection orders are typically granted based on a preponderance of evidence. This means a protection order can be issued even if criminal charges are ultimately dismissed, or you are acquitted.
Violation Consequences
Violating a protection order is a separate criminal offense in Colorado, typically charged as a misdemeanor. However, if you are already facing domestic violence charges, a violation can complicate your case significantly. It can impact bond conditions, plea negotiations, and sentencing recommendations.
The prosecution will often use protection order violations as evidence of the defendant’s disregard for court orders and the safety of the alleged victim. This makes compliance critical, even if you believe the order is unfair or based on false allegations.
Working with Clients on Compliance
Many clients don’t fully understand the scope of protection orders or the serious consequences of violations. Knowing what you can or cannot do is essential. This includes explaining that even seemingly innocent contact, such as having a third party deliver a message or send flowers, can constitute a violation.
A criminal defense lawyer can help you follow new routines that prevent potential contact with the protected party. This includes changing routes to work, finding new grocery stores, or adjusting your schedule to avoid places where you encounter the protected person.
The Broader Impact on Your Defense Strategy
Protection orders can significantly impact your overall defense strategy. They may limit your ability to gather evidence, speak with potential witnesses, or return to the scene of the alleged incident. You may need court approval to retrieve personal belongings from a shared residence or to have supervised contact with children.
The existence of a protection order can also influence jury perception if the case goes to trial. While the court will instruct jurors not to consider the protection order as evidence of guilt, the reality is that it may still color their perception of you as a defendant.
Contact a Domestic Violence Attorney Now
Understanding Colorado’s restraining order process is essential for any Colorado personal injury attorney handling domestic violence cases. The automatic nature of mandatory protection orders, combined with the potential for civil protection orders, creates a detailed legal environment that requires scrutiny. Knowing these processes and their implications can help your domestic violence attorney better serve you and develop more effective defense strategies.
Remember that each case is unique, and the specific circumstances will dictate the best approach. However, a solid understanding of how Colorado protection orders work provides the foundation for making informed strategic decisions throughout the criminal defense process. Learn more about your rights. Consult a domestic violence lawyer now.