What Are the Conditions Imposed by Protection Orders?
Protection orders, also known as restraining orders, warn alleged abusers not to contact an alleged victim named in the order. Domestic violence offenses are the most com
If you’ve been issued a protection order, it would be essential to ensure you comply with the imposed conditions. Skilled Colorado Springs criminal defense lawyers explain that the following are some of the conditions protective orders may have:
- Disallowing the alleged offender from visiting or coming near the alleged victim
- Prohibiting the alleged offender from contacting the victim in any way, such as through phone calls, emails, or text messages
- Ordering the alleged abuser out of the home
- Barring the abuser from possessing a firearm
- Prohibiting the abuser from visiting the protected person’s workplace
- Preventing the offender from seeing a pet in the care of the alleged victim
These are just some conditions that may be in the protective order you receive. Once you receive a copy, keep it with you so that you know what’s expected of you. You may also want to consult Colorado Springs protective order lawyers if there are provisions in the order you may wish to dispute.
What Are Some Common Misconceptions About Protection Orders?
One common misunderstanding people have concerning protection orders is believing that the protected person can end the protection order whenever they want. Due to this misconception, it’s easy for the alleged victim to put the restrained party in a position to violate the order without knowing it. For example, you might have argued with your spouse, causing them to call the police.
After investigating the situation, the police place you under arrest for a domestic violence offense, and then the judge entered a mandatory criminal protection order against you. After some time, your spouse thinks you should meet and iron out your issues, so you decide to meet them. While you think this is harmless, it will land you in back in jail for a new offense.
Only a judge can dismiss or amend a protection order, and it remains effective until a judge does so. You could be arrested for violating a protection order, and if that happens, consider contacting aggressive protection order attorneys in Colorado Springs to help you defend yourself against the charges.
What Are the Consequences of Violating a Protection Order in Colorado?
Violating the terms of a criminal protection order can have severe consequences, whether the violation was invited by the protected party or not. If the protected person reports you and you’re arrested, you could face charges for a Class 2 misdemeanor. The offense has the following penalties upon conviction:
- Up to $1,000 in fines
- Up to one year in jail
You can face more severe consequences if you have ever violated a protection order before. A second or subsequent violation or first offense violation of a civil protection order can lead to Class 1 misdemeanor charges with the following penalties:
- Up to $5,000 in fines
- Up to 18 months in jail
How Can I Defend Myself Against Charges for Violating a Protection Order?
Before you can be convicted of violating a protection order, the prosecutor or district attorney must establish the following:
- There is a valid protection order legally issued in a civil or criminal case against you
- You’re aware of the existence of the protection order and the terms therein
- You “knowingly” violated the terms of the protection order
Skilled criminal defense attorneys in Colorado Springs can help you refute these claims. They understand the possible defense strategies you can use depending on the specifics of your case:
Falsely Accused of Violating the Order
Your Colorado defense lawyers can question the credibility of your accuser, especially if there were no witnesses to the accusations. You may argue that your accuser lied about you violating the protection order with the motivation to get revenge against you or because you’re fighting over child custody. It could also be that the lie was motivated by jealousy because of moving on with a new partner.
Lack of Knowledge of the Existence of the Order
Your chances of being successfully prosecuted are slim if you didn’t know a protection order existed. If your accuser didn’t properly serve you with the order, the prosecutor likely won’t be able to prove knowledge of the order.
For example, unwittingly running into the accused in a grocery store and leaving isn’t necessarily a violation of the order. However, going to a place where the protected person is likely to be found may be deemed a violation of the order. A skilled protection order attorney in Colorado Springs, CO, can fight to show you had no intention of violating the order by being at that place.
Get Legal Help to Understand the Legalities of Protection Orders
Being issued a protection order due to domestic violence accusations can be hard to bear. The order may restrict you from coming near your loved ones, denying you an opportunity to interact with them. However, once a protection order is issued against you, ensure you comply with the provisions to avoid facing violation charges.
If you’re being accused of violating the terms of a protection order, talk to aggressive protection order lawyers at Joyner Law to help you beat the charges. We can evaluate your case and help you create a solid defense strategy depending on the kind of accusation against you. Call our office at (719) 294-0566 to schedule a FREE case assessment.