Mandatory Orders of Protection

Colorado law creates mandatory Orders of Protection in criminal cases.  These are often called Criminal Orders of Protection and they are different that Civil Orders of Protection.

Mandatory Criminal Orders of Protection come about due to 18-1-1001 of the Colorado Revised Statutes.  The entirety of the law will be listed below, but some critical aspects of it need to be understood, especially if you have been charged with Domestic Violence.

First, a Criminal Order of Protection  shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.  In other words, stay away from and do not communicate with any potential witnesses or the alleged victim.

In Domestic Violence cases, the Criminal Order of Protection is more strict.  In Colorado Domestic Violence cases, before a defendant can be released on bail, the court has to state the terms of the protection order issued and the court shall further require the defendant to acknowledge the protection order as a condition of any bond for the release of the defendant. Also, the District attorney must, in domestic violence cases, notify the alleged victim, the complainant, and the protected person of the order if they are not present at the time the protection order is issued.  This means that at your first appearance, which will happen soon after your arrest, the Court will read to you or advise you of the mandatory Criminal Order of Protection and make you acknowledge that you understand what they have told you before you can be released.

Many people go right out and violate this Court Order.  In my experience, this is because they really were not able to fully listen to the Judge due to the state of shock they were in, fear, confusion, and a host of other reasons.  This is just another reason why you need to talk to an attorney.

The District Attorney can make a Criminal Protection Order very strict, and if they do so, you have to abide by the terms of the Criminal Protection Order or you will face another charge, in addition to the one you already have pending.  The District Attorney in Domestic Violence Case can ask the Court to prohibit any person charge with Domestic Violence from the following:

1. The DA can ask for an order to vacate or stay away from the home of the victim and to stay away from any other location where the victim is likely to be found;
2. The DA can ask that the order to refrain from contact or direct or indirect communication with the victim;
3. The DA can ask that the order prohibiting possession or control of firearms or other weapons;
4. The DA can ask that the order be issued prohibiting possession or consumption of alcohol or controlled substances;
5. The DA can ask for any other order the court deems appropriate to protect the safety of the alleged victim.
6. If you violate the protection order issued, then you have committed the crime of violation of a protection order and may be punished as provided by the law.

Again, this type of Order of Protection comes into place due to criminal charges.  While it is similar to a Civil Order of Protection, once the criminal case is over, so is the Criminal Order of Protection, whereas a Civil Order of Protection has the potential to be permanent.


If you want to read the law yourself, here it is in full:


18-1-1001. Protection order against defendant.


(1) There is hereby created a mandatory protection order against any person charged with a violation of any of the provisions of this title, which order shall remain in effect from the time that the person is advised of his or her rights at arraignment or the person's first appearance before the court and informed of such order until final disposition of the action. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. The protection order issued pursuant to this section shall be on a standardized form prescribed by the judicial department and a copy shall be provided to the protected parties.

(2) At the time of arraignment or the person's first appearance before the court, the court shall inform the defendant of the protection order effective pursuant to this section and shall inform the defendant that a violation of such order is punishable by contempt.

(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 or the district attorney from applying to the court at any time for further orders, additional provisions under the protection order, or modification or dismissal of the same. The trial court shall retain jurisdiction to enforce, modify, or dismiss the protection order until final disposition of the action. Upon motion of the district attorney, or on the court's motion to protect the alleged victim, the court may, in cases involving domestic violence as defined in section 18-6-800.3 (1), enter any of the following further orders against the defendant:

(a) An order to vacate or stay away from the home of the victim and to stay away from any other location where the victim is likely to be found;

(b) An order to refrain from contact or direct or indirect communication with the victim;

(c) An order prohibiting possession or control of firearms or other weapons;

(d) An order prohibiting possession or consumption of alcohol or controlled substances; and

(e) Any other order the court deems appropriate to protect the safety of the alleged victim.

(4) Any person failing to comply with a protection order issued pursuant to this section commits the crime of violation of a protection order and may be punished as provided in section 18-6-803.5.

(5) Before a defendant is released on bail pursuant to article 4 of title 16, C.R.S., the court shall, in cases involving domestic violence as defined in section 18-6-800.3 (1), state the terms of the protection order issued pursuant to this section, including any additional provisions added pursuant to subsection (3) of this section, to the defendant on the record and the court shall further require the defendant to acknowledge the protection order as a condition of any bond for the release of the defendant. The prosecuting attorney shall, in such domestic violence cases, notify the alleged victim, the complainant, and the protected person of the order if such persons are not present at the time the protection order is issued.

(6) The defendant or, in cases involving domestic violence as defined in section 18-6-800.3 (1), the prosecuting attorney may request a hearing before the court to modify the terms of a protection order issued pursuant to the section. Upon such a request, the court shall set a hearing and the prosecuting attorney shall send notice of the hearing to the defendant and the alleged victim. At the hearing the court shall review the terms of the protection order and any further orders entered and shall consider the modifications, if any, requested by the defendant or the prosecuting attorney.

(7) The duties of peace officers enforcing orders issued pursuant to this section shall be in accordance with section 18-6-803.5 and any rules adopted by the Colorado supreme court pursuant to said section.

(8) For purposes of this section:

(a) "Court" means the trial court or a designee of the trial court.

(a.5) "Protection order" shall include a restraining order entered pursuant to this section prior to July 1, 2003.

(b) "Until final disposition of the action" means until the case is dismissed, until the defendant is acquitted, or until the defendant completes his or her sentence. Any defendant sentenced to probation or incarceration shall be deemed to have completed his or her sentence upon discharge from probation or incarceration, as the case may be.