Protection orders, also known as restraining orders, prevent alleged abusers from contacting or interacting with an alleged victim protected by the order.
The most common situation where someone gets a protection order is when they are the victim of domestic violence and they file a request in court.
In other situations, a protection order is automatically entered when the police believe domestic violence has occurred or been threatened.
If you are subject to a protection order, you must ensure that you do not violate it. If you are arrested, please reach out to a Colorado domestic violence attorney for help.
Conditions Imposed by Protection Orders
A protection order can have many conditions you must comply with. For example, the order can:
● Prohibit you from visiting or coming near the person protected
● Prohibit you from contacting in any way the person protecting, including using phone calls, text message, or emails
● Order you to move out of the home
● Prohibit you from possessing a firearm
● Prohibit you from visiting the protected person’s workplace
● Order that you attend alcohol, drug, or anger management classes
● Require that you undergo periodic drug and/or alcohol testing
There are many possible conditions you must abide by. You should receive a copy of the protection order and keep it with you so that you know what is expected of you.
Misconceptions about Protection Orders
One misconception we hear is that the person being protected can decide to end the protection order whenever she wants. For example, you might have gotten into an argument with your girlfriend, who calls the police.
The police believe you threatened violence, so they enter a protection order. But now your girlfriend wants to get back together and is calling you at all hours, so you decide to get back together. There’s no harm showing up at her apartment, right?
Wrong! The person protected cannot unilaterally end the order. Only a judge can dissolve a protection order, and the order remains in effect until the judge does so. It doesn’t matter that your girlfriend is on the phone or even shows up at your place.
Some protection orders last a limited amount of time. For example, an emergency order is good for only 14 days or until the date a hearing has been scheduled. Until it expires, however, it is in effect.
A permanent protection order lasts permanently, as the name implies, or until an expiration date stated in the order.
What to Do if You Are Arrested for Violation of a Protection Order in Colorado
There are serious penalties for violating a protection order. It is a class 2 misdemeanor, which can garner 18 months in jail and up to a $5,000 fine, or both. If you violate the order a second time, it is a class 1 misdemeanor and will warrant extended sentencing.
There are certain defenses you can raise, but you need to contact a lawyer quickly. For example, you might have accidentally violated the order, or there is insufficient evidence you violated the order.
Contact Miller Leonard Today
Did the police arrest you for violating an order, contact us. Our law firm has helped many people fight frivolous and abusive protection orders, but we need to hear from you first. Call us at 720-613-8783 to schedule a free consultation.
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