Protection Orders

Agenda What Is a Protection Order? Emergency Protection Order Mandatory Protection Order No Contact Order Automatic Injunction Civil Protection Order Temporary Permanent Evaluations

What Is a Protection Order? A protection order is an order of the court that can restrain one individual from having contact with another individual. “Restraining order” is another term for protection order, but there is no specific court order called a “restraining order.”

Emergency Protection Order Emergency Protection Order (C.R.S. 14-4-103) This protection order can only be issued by a police officer when the court is closed. If the officer believes that a person is in immediate danger of domestic abuse, then a judge can issue a written or verbal emergency protection order. These protection orders are not permanent. The order expires the end of the third day of judicial business. They can be continued by the court. They can include children if the judge feels that it is necessary.

Mandatory Protection Order (C.R.S. 18-1-1001) In a criminal case, a judge can issue a protection order as a condition of bond or a condition of a sentence. In most cases, the judge automatically issues a mandatory protection order in all cases involving a violation of Title 18, which includes domestic violence.

Mandatory Protection Order cont. The defendant in the case can either be served with the order or given a verbal order in open court. Once ordered: 1. The defendant cannot harass, molest, intimidate, retaliate against or tamper with any witness to the case or the victim.

Mandatory Protection Order cont. 2. The defendant may be told to vacate the home of the victim and stay away from the home and any other location where the victim is likely to be found. 3. The defendant can be ordered to refrain from contacting directly or indirectly communicating with the victim.

Mandatory Protection Order cont. 4. The defendant cannot possess or control a firearm or other weapons. The defendant cannot possess or consume alcohol or controlled substances. The judge can include other orders deemed necessary for the safety of the victim.

Mandatory Protection Order cont. These orders can include children if the children were also listed as victims in the case. These orders are never permanent and only last for the duration of the bond or through the duration of the case Enforcement for a violation can be through the prosecuting attorney who can petition the court to revoke the defendant’s bond or sentence. In coming information is now being routed differently and the individual is in survival mode The hippocampus which usually directs where information and memories are stored which may make accessing this information difficult

No Contact Order, Municipal Protection Orders The City Attorney’s Office may issue a no contact order or a municipal protection order in domestic violence cases they prosecute. These are not mandatory and are not issued in every case. The requirements related to these orders can vary widely. These orders are never permanent and are only in effect for the duration of bond or through the defendant’s sentence. A violation of this order would typically be prosecuted by the City Attorney’s Office.

Emotional Abuse Against the Elderly This protection order can be obtained in the county court (C.R.S. 13-6-107). It includes verbal and emotional abuse or harassment of an adult over the age of 60. The definitions include misuse of medication, physical or chemical restraints or misuse of powers of attorney.

Protection Orders and Divorce and Legal Separation Automatic Injunction Pursuant to the Uniform Dissolution of Marriage Act (C.R.S. 14-10-107) This order is obtained in district court in conjunction with a filing for divorce or legal separation. This is an automatic injunction to prevent both parties from harassing each other, disposing of property, or removing children from the state. If abuse occurred during the relationship, this order does not offer sufficient protection. This is generally not enforceable by law enforcement. Ility Guilt Shame Denial Overwhelmed Sadness

Protection Orders and Divorce and Legal Separation cont. Expanded Injunction Pursuant to the Uniform Dissolution of Marriage Act (C.R.S. 14-10-108) This district court order reiterates the protection available in the Automatic Injunction. It can also exclude a party from the family home or the home of another party. The court can also specify the conduct to be restrained: assaulting, threatening, contact at work, removing children from school. Irritability Guilt Shame Denial Overwhelmed Sadness

Protection Orders to Prevent Domestic Abuse This civil protection order can be obtained anywhere in the state and is available to people who are current or former relations and/or sharing the domicile and are the victim of an act or threatened act of violence. This order includes same-sex couples. A divorce or legal separation does not have to be filed to obtain it.

Protection Orders to Prevent Domestic Abuse cont. An individual does not have to be married to the defendant in order to obtain the order. This protection order can also grant temporary care and control of minor children for up to 120 days and make provisions for visitation. It can order the defendant out of the family home. The defendant can be ordered not to possess or purchase a firearm.

Protection Order to Prevent Domestic Abuse cont. The order is first a temporary civil protection order and then may become a permanent civil protection order. The plaintiff must first apply for a temporary order. If the judge determines that there is cause for the order, the Court will issue a citation for the defendant to appear in court at the next hearing.

Protection Order to Prevent Domestic Abuse cont. The defendant must be served with notice of the hearing. This can either be done through the sheriff’s office, through a private service or a private individual. The second hearing will take place in two to three weeks. The plaintiff must provide proof that the defendant was served notice of the hearing.

Protection Order to Prevent Domestic Abuse cont. If the defendant appears, (s)he has the opportunity to speak to the judge as well. After taking all the information into consideration, the judge may issue a Permanent Protection Order. Violations of these orders can be prosecuted by the District Attorney’s Office or by the City Attorney’s Office depending on the municipality, or the plaintiff in the case can file for contempt.

Protection Order to Prevent Domestic Abuse cont. Victims of domestic violence may be eligible for a waiver of fees associated with obtaining a protection order. Clients should be encouraged to contact the nonprofit organization Project Safeguard for assistance in applying for a Protection Order to Prevent Domestic Abuse.

Civil Protection Orders Civil Protection Orders (C.R.S. 13-14-101 & 13-14-102), Temporary Civil Protection Orders and Permanent Civil Protection Orders These are the Colorado Statutes covering civil county court orders for protection. The law covers elder abuse or abuse of an at-risk adult, domestic abuse, sexual assault, unlawful sexual contact, stalking, assaults or threats of bodily harm.

Does Your Client Have a Protection Order? Frequently, clients are unsure if they have a protection order. You should not assume that there is an order in place or what type of order they have. The following questions may be helpful in determining if and what type of protection has been put in place:

Does Your Client Have a Protection Order? cont. Was a criminal case filed? Speaking to the detective, city attorney or district attorney victim advocate can assist in identifying if and what type of order is in place.

Does Your Client Have a Protection Order? cont. Did you go to court and fill out paperwork asking the judge for a protection order? If no, there may still be a mandatory protection order or civil orders as part of a domestic relations case.

Does Your Client Have a Protection Order? cont. Do you have a divorce or custody case? If yes, there could be judicial orders or the client could have filed for a civil protection order as part of the case.