1. Defending the Family in the Fight Against Criminal and Civil Protection Orders – Collaborating to Keep Families Together Jill Gookin, Esq.

2. CIVIL PROTECTION ORDER C.R.S. § 19-1-104 (7)

3. Upon motion of the city or county attorney, guardian ad litem, or respondent parent counsel, the district or the juvenile court has jurisdiction to enter a civil protection order pursuant to article 14 of title 13 in actions brought pursuant to article 3 of this title 19.

4. If the protection order is made permanent pursuant to C. R. S
If the protection order is made permanent pursuant to C.R.S. § it remains in effect upon termination of the juvenile court action.

5. Filed in existing case in District Court if applicable or with the County Court in the County where protected party resides.

6. Procedure for Permanent Civil Protection Orders
C.R.S. §
Standardized Forms developed by judicial department.
Follow standards and procedures.
Personal service upon the restrained person.
Procedure for Permanent Civil Protection Orders

7. CIVIL PROTECTION ORDER
NO EXPIRATION
LASTS FOREVER

8. Can ask to have it modified or dismissed at any time.
PROTECTED PARTY
Can ask to have it modified or dismissed at any time.

9. RESTRAINED PARTY
Must wait until two years have passed to ask for modification.
If convicted of any misdemeanor involving DV or any felony PO shall remain permanent and will not be dismissed by the Court.
Must complete fingerprint based criminal background check prior to filing your motion.
Must have been done within 90 days of motion.
Must prove to court PO is no longer necessary.

10. CRIMINAL MANDATORY PROTECTION ORDER C.R.S.§ 18-1-1001

11. Basic order to restrain person charged from harassing, molesting, intimidating, retaliating against or tampering with any witness to or victim of the acts charged.

12. In effect from the person’s first appearance until final disposition
In effect from the person’s first appearance until final disposition. This means until the sentence is completed.

13. If DV as defined by C.R.S. §18-6-800.3 can enter any of the following:
Vacate or Stay away from home or any other location.
No contact direct or indirect.
Cannot possess firearm or weapon.
No alcohol or controlled substances.

14. If the charge against the defendant involves an underlying claim of sexual abuse or child abuse the court can add any of the following as outlined for a DV. In addition to in the space on the MPO where the Judge can write in that the defendant is not allowed to have contact with any child under the age of 18 years old. This order can even prohibit the defendant from having any contact with his/her own children.

15. ???????????????????????????????? WHAT CAN WE DO ABOUT POs and HOW CAN WE WORK TOGETHER WITH ALL PARTIES TO KEEP OUR FAMILIES TOGETHER?????????????

16. CIVIL PROTECTION ORDER
LAW IS SO NEW.
UNCLEAR HOW GAL, COUNTY ATTORNEY WILL BE USING THIS.
EDUCATE THEM AS TO THE PERMANENCY.
WOULD RPC EVER WANT TO USE THIS AND WHY?

17. CRIMINAL PROTECTION ORDER
C.R.S. § (3)
Nothing in this section shall preclude the defendant from applying to the court at any time for modification or dismissal of the protection order issued pursuant to this section.

18. GET TO KNOW AND WORK WITH ALL ATTORNEYS.
Use GAL in any motion if they are in agreement.
Find out who defense counsel is.
Have client sign release so you can communicate with defense counsel.
Get to know who the District Attorney is on the criminal case.
Always confer with the District Attorney in order to be able to file unopposed.

19. EDUCATE
Educate the defense counsel on D&N cases and protection orders in D&Ns.
Educate the Judge.
Educate, educate, educate on the affect of D&N PO and the protection a D&N case can provide.
File Motions.

20. MIRROR
Always try to have the protection order in the criminal case mirror the protection order in the D&N.

21. USE THE LAW RCP 121- Except motions during trial or where the court deems an oral motion to be appropriate, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion.

22. C.R.S. § (2)(b)(IV) The department must provide visiting services for parents with children in out-of-home placement.

23. C.R.S.§§ (3) (3) The GAL in a D&N case is charged “in general with the representation of the child’s interest and has the right to participate in the proceeding as a party.”

24. REASONABLE EFFORTS