- Criminal mandatory protection order (C.R.S. 18-1-1001)
- Civil protection order (C.R.S. 13-14-102).
In either case, the punishment for a conviction is the same in the Larimer County criminal justice system. Restraining orders limit a person’s ability to contact certain people, drink alcohol, use / possess / purchase a firearm, and have other restrictions that can cause major problems for a person who has an order against them.
Criminal Protection and Restraining Orders in Loveland, Fort Collins and Estes Park
A criminal protection order (MPO) is governed by the Colorado Revised Statutes and is issued to anyone charged with a Title 18 violation. Charges where an MPO might issue include:
- False Imprisonment
- Obstruction of a Telephone Service
These protection orders will conclude at the end of the case; this could be when the case is dismissed, the person is released from jail or prison, or when the person is terminated from probation. The court in Larimer County has the ability to alter, or modify, the provisions of that protection order at any time during the case.
Civil Protection Orders in Larimer County
A civil protection order, which is governed by C.R.S. 13-14-102, can last for the entire length of a person’s life. Also called a Temporary Restraining Order (TRO) or a Permanent Protection Order (PPO), these civil orders are based upon allegations of an alleged victim and can be placed upon any person when there are enough facts and evidence to support the allegations.
The Process for Obtaining a Civil Restraining Order in Larimer County
When a person applies for a temporary civil protection order, the judge will have to find that there are allegations of:
- Threatened violence
- Domestic violence
- Abuse of the elderly
The courts in Ft. Collins will issue a TRO if the plaintiff is able to show that there is a strong likelihood that the alleged actions actually occurred. Once the Larimer court issues the TRO, they will set a hearing for a permanent protection order.
– Hearing for a Permanent Protection and Restraining Order
At this hearing, the party who has the restraining order served on him or her will have to show the court that the allegations in the order are not accurate. They have to prove this to the court by a preponderance of the evidence. If they are unable to meet this burden, then the court will enter the order as a permanent one. If they prove that the allegations are inaccurate the court will vacate the protection order and the case will be over.
Why You Need a Protection and Restraining Order Lawyer in Fort Collins
The hearing is like a mini trial. Each party can call witnesses, introduce evidence, and cross examine the other party’s witnesses. The Colorado Rules of Evidence apply in these civil protection order hearings in Loveland, Fort Collins and Estes Park. This means that a lawyer is able to make objections to the evidence that might be presented. Objections and trial strategy can make the difference in the protection order being entered as permanent or not. Thus, it is imperative that you hire a knowledgeable restraining order lawyer in Fort Collins if you are trying to defend yourself at a hearing.
If you or a loved one has been served with a protection order in Fort Collins, Loveland or Estes Park, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.