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by Team Hartcore Media | Jul 24, 2023 | criminal law matters

A Civil Restraining Order: What Is It?

Potential crimes are avoided by using civil restraining orders. In a civil lawsuit, the petitioner is the party asking for the restraining order, while the respondent or defendant is the party being restrained. Colorado Criminal Justice Lawyer in your area.

In Colorado, it is not difficult to acquire restraining orders. Any victim of violence, including one who is fearful of personal injury, may seek a restraining order from a judge in civil court. This includes victims of domestic abuse. A restraining order can usually be obtained without the need to file criminal charges or notify the police.

What happens Next?

If a judge grants a petitioner a temporary restraining order, the order takes effect as soon as it is served on the defendant and lasts until the temporary restraining order’s court date.

In order to decide whether the temporary injunction should be made permanent, defendants are entitled to a hearing. This includes a minimum two-week hearing postponement for planning purposes. The restraining order is lifted if the defendant prevails at the hearing. The order becomes permanent if the defendant loses the hearing.

A permanent restraining order will always be visible on a background check.

A civil restraining order is primarily used for personal safety, much as criminal protection orders. This may entail removing the defendant from a family home and/or dividing custody of any minor children. A judge may also mandate that the defendant maintain a certain distance from the petitioner’s friends, family, or favorite public areas.

Importantly, a respondent is not imprisoned because of a restraining order. However, it is illegal to violate a restraining order in Colorado; it is a Class 2 misdemeanor and carries a maximum one-year prison sentence.

The defendant must be arrested and taken to jail if the police have reason to think that the defendant violated the restraining order.

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Protection order violations are serious because they can quickly result in a cascade of further fees, a financial burden, and life-altering repercussions.

It’s in your best interest to avoid a violation if you’ve been charged with a felony that calls for a mandatory protection order or if you’ve received a civil restraining order, even if it prevents you from seeing the people you care about. Colorado Criminal Justice Lawyer – For more information check out our YouTube!

Criminal Lawyer Colorado

by Team Hartcore Media | Jul 24, 2023 | criminal law matters

Violations of Protection Orders: A Precarious Slope for Defendants

The criminal protection order is typically a requirement of the defendant’s bond by judges. In other words, the defendant may face serious repercussions and extra criminal charges if found in violation of the protection order (for example, by sending messages to the protected party or camped out in front of the protected party’s workplace). Contact a Criminal Lawyer Colorado –

For instance, in Colorado, disobeying a protection order is a criminal unto itself. A Class 1 misdemeanor, violating a protective order carries a maximum sentence of 18 months in jail and a maximum fine of $5,000.

What happens if you’re found to have violated a protective order? You’re probably also breaking the conditions of your bail, which is a totally different criminal offense with its own unique set of punishments, usually based on the gravity of the first offence.

Additionally

Those who disobey a protective order and are later found guilty of the initial crime must serve each term concurrently. In other words, all punishments’ probation and jail terms are totaled up and served in the order they were given. Compared to sentences that can be served consecutively or simultaneously, this is different.

Conclusion

Finally, even if the offender is exonerated of the initial accusation, protection order violation punishments still have to be fulfilled. A motion must be filed with the court in order to change the conditions of the criminal protection order. It requires time and the consent of a judge to complete this official process. Even if the protected party decides to disregard the terms throughout this procedure, the defendant may still face charges for a violation.

Only once the criminal matter has been concluded does a criminal protection order expire? This might entail a very long period, depending on the crime.

You require Criminal Law Matters, if you are being charged with a criminal case. Contact us as soon as possible to discuss what we can do for you. Criminal Law Colorado – For more information check out our YouTube!