Mandatory Protection Order

Alexis explains: "And the cops will then go and charge them with, not one, but two criminal offenses. Because if you violate a mandatory protection order on the criminal side, violation of that protection is a Class 1 misdemeanor. If you violate a civil protection order, it is a Class 2 misdemeanor, and they are separate offenses."

Alexis explains: "If my client in this situation were to respond, even if they responded, no, I can't talk to you, in a text message, verbally, or over the phone. Under the law, that person could then report to the police department, that my client violated two protection orders."

Alexis explains: "so it is possible to have two protection orders issued against you so you can have the criminal protection order so if you're charged for a domestic violence case and you're put into jail and you're going through the criminal court system you have that mandatory protection order on you from the criminal side but then a victim in a case can also file a civil protection order or request a temporary protection order and then get that protection order made permanent so a person can have two different protection orders for the same thing"

Alexis explains: "The third option is if you are charged with a domestic violence case, and your significant other does not live with you, or if they have moved out of the shared residence, then you can petition the judge to go back home. Again, this is going to be something where you're going to have to show proof that the other person is not there, which is kind of difficult if you can't have contact with that person."

Alexis explains: "Now, the other way that you can access your home without to keep the peace order is you can actually ask your attorney to file a motion to modify the protection order allowing you to have contact allowing you to go back home, the other party has to be okay with that they have to give input and say Yes, I'm fine with my significant other coming home."

Alexis explains: "If you're wondering if the named victim, the alleged victim in a domestic violence case can get in trouble for contacting you when there's a protection order in place? The short answer is no. But I want to explain why. So in a domestic violence case, if you are charged with an act of domestic violence against your significant other, you are the defendant, they are the victim. That's how the state sees it, that that's how the court sees it. So you are prevented with that protection order, unless it's otherwise modified."

Alexis explains: "now, not only has one criminal case but three."

Alexis explains: "If you respond, and then you all get into another argument at some point, that person the named victim can then take your responses and show law enforcement and you've got another criminal charge."

Alexis explains: "What happens is, any person who is seeking a civil protection order, must go file for a protection order themselves. It is not something that is automatically done. Conversely, in the criminal realm, when you are charged with a domestic violence offense, even if you're not convicted, as soon as you are charged and put into the system, there is then a mandatory protection order entered on your case."

Alexis explains: "for any type of charge that anyone is charged with a misdemeanor or felony in the state of colorado a protection order enters that's always going to happen"

Alexis explains: "During your advisement, they'll give you the chance to get what's called a keep the peace order, meaning that, for about 10 to 15 minutes, you can run back to your house, with police officers escorting you, get any belongings that you need and then leave, and that's the last time you're able to go home, because while this protection order's in place, you can't contact your significant other, you can't be at the home that they're at, anything like that."

Alexis explains: "So the question is, how do you get access to your things, because clearly, if you're living together, let's say your husband and wife, and you're charged, you need to be able to get things from your home, and you're not allowed to go there. Because a protection order prevents you from going home. What happens in this situation is judges will issue a keep the peace order in court, you may hear lawyers refer to it as a case to keep the peace order is basically an order that the judge gives you saying, okay, take this to law enforcement. And this order will allow you to act as your house for a very limited amount of time, generally, you have about 15 minutes. So the way that you do this is if you get to keep the peace order, you go to the law enforcement agency nearest to your house, ask them for a civil assist, they're going to see that keep the peace order law enforcement, one or two members of law enforcement will accompany to your house and allow you to go into your house and collect basic essential things."

Alexis explains: "Criminal protection orders are automatically put on you as soon as you have a criminal charge for domestic violence, and they remain in place unless you have some hearing in court. Or if there's some modification, they will remain in place for the duration of the time that your criminal case is pending and open. And the reason I separate those two is, pending means leading up to any potential conviction or plea. And then open is if you're then on probation afterwards, or if you have any type of jail sentence, or anything following a conviction, the protection order's still in place during that time."

Right Law Group's guide explains: "A flash of anger, a slammed door, or a tossed phone. In the heat of a high-stress moment, property sometimes gets broken."

Alexis explains: "everyone who's charged with a crime in colorado has a protection order mandatorily injure against them"

Alexis explains: "a criminal protection order is not something you have to seek out so if you are um charged with a criminal offense usually a domestic violence charge um the protection order automatically enters against you by the criminal courts now that you don't have any say over you can sometimes get it modified but that one is going to enter no matter no matter what happens it's called an mpo or a mandatory protection order"

Alexis explains: "But with the protection order, you are prevented from contacting the named victim in your case, there is nothing about that protection order, though, that prevents them from contacting you. So a lot of the times this gets people into trouble, because they'll think, Okay, well, I'm not allowed, let's say it's a husband and wife and the husband is charged, the husband thinks, Well, I'm not allowed to contact my wife, but she contacted me, so I can respond. Now. You cannot, you cannot respond. So it's really difficult. Because a lot of the times we know that in Colorado, a lot of domestic violence charges are not something that the spouse actually wanted to happen."

Alexis explains: "A lot of the times we see things happening from one drunk incident or someone having some kind of episode, that has nothing to do with them as a person, it's just a one time thing. And the spouse will call the police because they're scared or worried or whatever it is, but then the spouse didn't want their husband to be put in jail. The problem is, is because the courts are now involved. It's basically out of her hands that she cannot change the fact that it's charged. But if the husband contacts her, she can report that and say this is a violation, you can report it to law enforcement, you can report it to the DEA to the judge, and you can be charged if you're the husband in this scenario. But if she is continually texting him, there's nothing illegal about that. She can text, she can call she can follow, she can do whatever she wants to do, because she's not the protected, or the person who is restrained from talking to the other person. She's the protected party. She's not the defendant."

Alexis explains: "She's the one that the state is intending to protect. But she's not prevented from doing anything. So it gets really it gets really sticky. And I know it can be confusing, especially if that this was not an ongoing thing. And you all are on good terms and you're wanting to have communication. Ask your lawyer to file a modification so that you all can legally have communication. But know that until that protection order is modified, you cannot respond. If you are the defendant and your victim is texting you you cannot respond. Even if they're begging you to respond."

Alexis explains: "any time there is a domestic violence charge there will be a protection order that's entered against you and it's a mandatory issuance there's no way around it"

Alexis explains: "domestic violence laws have become much more strict in colorado and we have what's called a mandatory arrest law so if someone is charged or accused of committing an act of domestic violence there's a mandatory arrest there's no like getting a bond and paying a bond and not having to go to jail you are going to jail if you're charged with domestic violence part of that is there's also going to be a mandatory protection order issued"

Alexis explains: "in Colorado, there is a provision that says that, as soon as domestic violence is charged, a protection order, a mandatory protection order goes into place. It's governed by the statute 18-1-1001. Now, in Colorado Springs, what happens is you are prohibited, when you have this protection order entered against you, from having any contact with your significant other whatsoever, unless a judge lifts it. It's actually the same in Pueblo County, as well as Arapahoe County and Douglas County, but specifically for El Paso County."

Alexis explains: "Ask your lawyer to file a modification so that you all can legally have communication. But know that until that protection order is modified, you cannot respond."

Alexis explains: "we have what's called a mandatory arrest law so if someone is charged or accused of committing an act of domestic violence there's a mandatory arrest there's no like getting a bond and paying a bond and not having to go to jail you are going to jail if you're charged with domestic violence"