Getting arrested for a domestic violence related crime in Colorado creates great interruptions in a person’s life. Very suddenly, access to the items needed to carry on life’s essential functions – clothing, a cell phone, a computer, even a toothbrush – quickly become unavailable.
After an arrest for a domestic violence related crime, the accused person will be served with a mandatory protection order.[i] The mandatory protection order prohibits the arrested individual from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.[ii] The mandatory protection order generally lasts from the individual’s first appearance or arraignment (where the mandatory protection order is served upon the accused) until the final disposition of the case.[iii] The district attorney may – and likely will – expand the scope of the mandatory protection order to include that the defendant stays away from the home of the alleged victim or witness(es), and to stay away from any other location where an alleged victim or witness(es) is/are likely to be found.[iv] Obviously, if the defendant lived with the victim, then he or she is prohibited from going back to the residence for any reason.
It is important to note that mandatory protection orders also prohibit indirect contact.[v] For example, let’s assume on day one John is arrested for committing a third degree assault against his spouse. On day two, he is served with a mandatory protection order at his first court appearance. On day three John realizes he needs his company laptop to do work and he asks his friend, Mark, to send an email to John’s spouse requesting that he/she leave the laptop with Mark. The email is sent and the victim spouse reports this contact to police. On day four, John gets arrested again by police for the class 1 misdemeanor crime of violation of an MPO (mandatory protection order).
So what can a person charged with a domestic violence related crime and an MPO in place do? The individual can seek modification of the mandatory protection order via a motion filed with the court.[vi] The court is empowered with the ability to modify the terms and conditions of the protection order, including permitting the accused person time at the shared residence to gather his or her personal possessions essential to carry on life while the underlying criminal case proceeds through the court system.
Mile High Legal has extensive experience in assisting individuals with modification of mandatory protection orders so that people can gather their property and try to resume a normal life while the criminal case marches toward a resolution. Contact us immediately if you are facing this situation and let us help you in this challenging time.
[i] § 18-1-1001(1)(a), C.R.S.
[ii] Id.
[iii] Id.
[iv] § 18-1-1001(3)(a)(II)(A), C.R.S.
[v] § 18-1-1001(3)(a)(II)(B), C.R.S.
[vi] § 18-1-1001(6), C.R.S.
