In Colorado, when a person is arrested on a charge involving domestic violence, at his or her first appearance before the court at the same time that they address bond, the court issues a mandatory Protection Order (PO). Here are some things to consider when that happens.
1
The Basic Protective Order
In Colorado, all protective orders have language restraining a defendant from harassing, molesting, intimidating, retaliating against or tampering with any witness or victim of the acts charged. So then, under this general PO, the defendant could talk with his or her spouse even if that person was in the complaint as a victim. It is important to realize that, even if contact is allowed, the protected person will be able to go to the police when he or she feels the accused has crossed that boundary and new charges may be filed.
2
Many Possible Extras
There are many other conditions that a judge might put in a restraining order in Colorado. The Judge can order a defendant not to contact someone (e.g. the named victim, children, and witnesses) or not to go to a specific location. The judge can order a person not to drink or do drugs without a doctor’s proscription. The judge can order a defendant not to drive without a valid driver’s license. The court can order a defendant not to possess a gun or other dangerous weapon. In fact, the law is written so broadly that the court can enter against the accused “any other order the court deems appropriate to protect the safety of the alleged victim.”
3
Know What is in the Protection Order
Because conditions of a PO vary, it is vital that the parties read the PO. Once a judge has advised the accused of the contents of the order, he will have a difficult time arguing they didn’t know the contents of the order. That said, in reality, often people are in a state of confusion when the PO is read to them, so when he or she gets the order, it should be carefully read to see exactly what restraints are in place. It is also important for the protected person to keep a copy of the protective order with them to show to an officer should they need to.
4
Victim's Rights Will Be Honored
Almost always a judge will make adherence to the PO a condition of bond in Colorado. Because DV crimes are victims rights crimes, in Colorado, victims must have notice that bond conditions may be changed and the right to be present at any hearing where bond conditions may be changed. They also have the right to be heard at that court proceeding to ask for or object to any condition of bond.
5
Understand a Protection Order is the Will of the Judge, Not the Named Victim
A PO is an order from the court in Colorado. Whether it stays in place or not is exclusively the choice of the court. Sometimes, a protected person doesn’t want to keep a PO in place; it is important that the defendant not violate a PO in any way, even if the protected person says that it’s okay. It’s not okay. Unless a judge modifies the PO, the defendant could be charged with violation of a restraining order, even by engaging in consensual behavior prohibited by the PO. If the named victim would like to vacate some protection in the PO, they should contact the judge in the case and request that provision be dropped.
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