A person charged with domestic violence in Colorado faces short-term, life-changing consequences when accused of this offense. To summarize, the persons, places and things he or she engaged with prior to arrest and accusation must be altered after receiving notice of the domestic violence charge.
When a person is accused of domestic violence, the court will issue a mandatory protection order (also called a “restraining order”) prohibiting the individual from having contact with the alleged victim. The accused must be personally advised of the protection order by the court. The conditions of the restraining order are very broad. It prohibits the defendant from “harassing, molesting, intimidating, retaliating against, or tampering with” the victim. If there were witnesses to the incident that lead to the domestic violence charge, the protection order will prohibit the defendant from contacting those individuals as well. For instance, if a spouse committed an act of violence against his or her partner and the couple’s children saw the event, the protection order would cover both the victim and the kids.
A judge preparing the terms and conditions of a mandatory protection order has discretion to set what those will look like. That said, the court must carefully balance the interests of both the protected and restricted parties when outlining the terms and conditions of a protection order because child-parent relationships are constitutionally protected. Therefore, if the alleged facts of a case are serious enough, the judge can prohibit a defendant from living at the marital or commonly-shared residence, restrict contact with an accused’s children, and entirely deny one spouse from having any contact with his or her partner.
The presiding judge also has the authority to prohibit a defendant subject to a mandatory protection order from consuming alcohol and/or controlled substances.
Colorado law also provides that a defendant may be prohibited from possessing firearms under a mandatory protection order. If the accused person happens to work in law enforcement or armed security, this condition can have profoundly negative employment consequences.
As the description above should reflect, a mandatory protection order can have a major, negative life impact. So what should an individual do when facing one? The first thing a person should do is comply with the terms and conditions of the order to the letter. Violation of a mandatory protection order can lead to a separate criminal case and is a class two misdemeanor (alternatively, it can be a class one under certain conditions). Another option an accused can pursue is seeking to amend the terms and conditions of a mandatory protection order. Therefore, having the assistance of an attorney who can provide sound advice and help with changing the conditions of the order to less-onerous terms is essential.
Do you have questions about a mandatory protection order (restraining order)? Contact us for a free consultation to better understand your rights.
- § 18-1-1001(2), C.R.S.
- § 18-1-1001(1)(a), C.R.S.
- Id.
- People v. Zoller, 2023 COA 117, ¶ 6
- Zoller at ¶¶ 19, 20
- § 18-1-1001(1)(c), C.R.S.
- § 18-1-1001(9), C.R.S.
- § 18-1-803.5(2)(a), C.R.S.
- § 18-1-1001(3), C.R.S.
