House Bill 1060 and Protection Orders in Fort Collins | 9News Asks Terry O’Malley

9News Reporter Ryan Haarer recently sat down with Attorney Terry O’Malley to discuss a mistake made by the Jefferson County Jail and the law behind it. Apparently, a man accused of unlawful sexual behavior was released on bond from the jail without first appearing before a judge and having a mandatory protection order in place. A new house bill was passed and became law. Because the man is charged with Sexual Assault on a Child and Unlawful Sexual Contact, he is required to acknowledge a protection order before leaving jail. The protection order must be affirmed in front of a judge before the accused can bond out. Let’s delve in deeper and look at the terms of this new bill.

House Bill 1060 Concerning Protection Orders in Sex Offense Cases in Larimer County

House Bill 1060 addresses Condition of Release on Bond – C.R.S. 16-4-105 – and amends (4) as follows:

This bill also amends C.R.S. 18-1-1001 – Protection Order Against Defendant – to add unlawful sexual behavior as one of the types of cases where the defendant must “acknowledge the protection order in court and in writing prior to release.”

This new house bill, signed by the governor on 3/20/2015, requires a protection order be in place before a person accused of a sexual crime is released on bond.

[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Stalking, Domestic Violence, or a Sexual Offense? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

This bill is actually not a new idea; it is merely an amendment to C.R.S. 16-4-105 – Conditions of Release on Bond and C.R.S. 18-1-1001 – Protection Order Against Defendant. The mandatory protection order requirement as a condition of bond had previously applied to Domestic Violence and Stalking cases. This means if a person was arrested for a crime involving Domestic Violence or Stalking, they were not to be released on bond until they had stood before a judge, had the protection order explained to them, and signed it acknowledging their understanding. Now, all cases involving unlawful sexual behavior have to follow the same protocol.

If you or someone you love has been charged with a Fort Collins, Loveland, or Estes Park crime involving a Mandatory Protection Order, like Domestic Violence, Stalking, or Sexual Assault, we can help you navigate the confusing rules surrounding your bond and release. Call the affordable criminal defense attorneys from the O’Malley Law Office at 970-658-0007 immediately to set up a free consultation. We can even visit a loved one in Larimer, Boulder, or Grand County Jail. Together, we can protect your future.