A protective order is commonly referred to as a restraining order or an injunction. It’s a court-issued document that instructs you to avoid all contact and communication with another person. If you’ve been served with a protective order, it’s time to consult a criminal defense attorney. Failing to comply with the instructions in the order is grounds for an arrest. Your criminal defense attorney near Denver can offer guidance on how best to avoid running afoul of the law.
Why do Individuals Request Protective Orders?
There are many reasons why someone may have requested a protective order against you. If you’ve recently consulted a criminal defense attorney regarding charges such as domestic violence or assault, the alleged victim may have requested the order.
What Provisions Can a Protective Order Include?
As your criminal lawyer can explain to you, a protective order can include many different provisions. It will usually prohibit you from going near the alleged victim’s home, worksite, school, or child care facility. It will also typically prevent you from communicating with the alleged victim, either in person or through other means such as the phone. If children are involved, the protective order may establish child support. It can establish spousal support and determine the possession of a jointly owned property. Additionally, the protective order may order you to complete an intervention program or counseling.
What Are the Penalties for Violating a Protective Order?
Your criminal lawyer will strongly urge you to comply with all the provisions set forth by the protective order. Even if the alleged victim contacts you to let you know you can go to the home, you should never do so. Only the court can cancel a protective order. If you do go near the alleged victim, you can be arrested and prosecuted for additional offenses. Generally, Colorado law recognizes the violation of protective orders as being class two misdemeanors. This is punishable by three months to one year in jail and fines between $250 and $1,000. You should also be aware that violating a restraining order may lead to other charges such as stalking.