In Denver, Adams, and Jefferson County, and across the state of Colorado, judges are handing out Restraining Orders like candy. Unfortunately, the consequences of a Restraining Order aren't as sweet as a Jolly Rancher – they have results which break up families and cause further criminal activity. Let's look closer at why Restraining / Protection Orders are often issued.
Criminal Protection Order Issued in Every Case
A Criminal Protection Order – C.R.S. 18-1-1001, is issued in every criminal case. You read that right. If a criminal act is alleged in Arapahoe, El Paso, or Douglas County, a Restraining Order is issued. These orders will remain in place until your case is concluded. This means that if you are found guilty by plea or jury, you will be restrained until your probation or jail sentence are finally served.
– Civil Restraining Orders Issued Without Proof
Courts issue Civil Restraining Orders even when there is no proof, other than the claim of one person. If an ex-boyfriend, ex-wife, or angry neighbor decides they want to get back at you, they can make a false accusation against you, and the court will issue a Civil Restraining Order – C.R.S. 13-14 -102. This type of Protection Order is supposed to be issued only if the alleged act was violent, or included the threat of continued violence. But, judges are only too willing to protect their careers and issue a Civil Restraining Order without any proof.
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The Restrictions of a Restraining Order
Restraining Orders restrict many aspects of your life. It gives the alleged victim in your criminal case the upper hand – they are now in control, and protected by the court. You won't be able to live your life freely: You won't be able to have any contact with the protected party (try working on your relationship without talking), you may be required to leave your home, and will be limited in where you can go, especially if the alleged victim frequents the same places as you.
Why Do Courts Issue Protection Orders Like Candy?
The number of Restraining Orders issued in Colorado is ridiculous. It's as if judges are handing out pieces of candy to whining children. So, why do they do this? Courts issue Protection Orders without evidence in order to protect their jobs. If a judge doesn't issue a Restraining Order, and an alleged victim is hurt or harassed, it makes them look bad, and they can lose their job. They simply Restraining Orders are issued without evidence, so they won't be criticized later.don't want the criticism. Unfortunately, issuing Restraining Orders like candy only results in families who can't work out their differences (because they are not allowed to have contact with each other), and make mistakes, which violate the Restraining Order. This results in more work for the court, which is overwhelmed already. Something has to change in our civil and criminal justice system.
Are You the Restrained Party? Why You Need a Lawyer
If you are the restrained party in a temporary or permanent Protection Order, don't hesitate to contact a knowledgeable criminal defense attorney. We have years of experience and we have a thorough understanding of the law. Civil Protection Orders can become permanent, which can be devastating to your future. Don't try to figure out the complex system on your own – work with a defense lawyer who fights for justice. We fight to win.
Get Help Now
If you or a loved one is the restrained party in a civil or criminal Protection Order, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we will protect your future.Request a Free Consultation
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