Protection Order Attorneys in Colorado
A protection order, also known as a restraining order, is an order issued by a court prohibiting one person (the restrained person) from not hurting, threatening, contacting, or communicating with another person.
In every criminal case, a mandatory protection order is entered which prohibits a person from doing any of the following to a witness or victim:
- Retaliating against
With regard to domestic violence cases, the restrained person may be ordered to stay away from the victim's home or work, not have direct or indirect contact with the victim, not possess firearms or other weapons, not possess or consume alcohol or other controlled substances, or anything else the court finds appropriate. The protection order expires once the defendant is acquitted or is convicted and completes his or her sentence.
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How to Obtain a Civil Protection Order
A civil protection order is issued after a person petitions the court requesting to have someone stay away from them or leave them alone. Obtaining a civil protection order requires the person go to an initial court hearing to explain the harm the other person has caused them and why they feel the person will harm them again. Then, the petitioner must go to court again for a second hearing on whether the protection order should be made permanent. At that hearing, the restrained person will have the opportunity to appear and argue why the protection order should not be made permanent.
Penalties for Violating Protection Orders
Violating a protection order can have serious consequences. Depending on the circumstances, violation of a protection order is usually either a class 1 or 2 misdemeanor. A class 1 misdemeanor carries a maximum sentence of 18 months imprisonment, a $5,000 fine, or both. A class 2 misdemeanor carries a maximum sentence of 12 months imprisonment, a $1,000 fine, or both.
Whether you have questions about seeking a protection order or about a protection order that has been entered against you, our Colorado criminal defense attorneys at Jorgensen, Brownell & Pepin, P.C. can answer all of your questions about the process. A protection order can have a significant impact on all parties involved and it is therefore important to know what options you have.
Give us a call for more information about protection orders.