Mandatory Protection Order

Alexis explains: "a criminal protection order is not something you have to seek out so if you are um charged with a criminal offense usually a domestic violence charge um the protection order automatically enters against you by the criminal courts now that you don't have any say over you can sometimes get it modified but that one is going to enter no matter no matter what happens it's called an mpo or a mandatory protection order"

Alexis explains: "A criminal protection order only goes away after the entire case is closed. A civil protection order never goes away if it's granted as permanent, unless the people in that protection order, one of them asks to readdress the protection order."

Alexis explains: "A lot of the times we see things happening from one drunk incident or someone having some kind of episode, that has nothing to do with them as a person, it's just a one time thing. And the spouse will call the police because they're scared or worried or whatever it is, but then the spouse didn't want their husband to be put in jail. The problem is, is because the courts are now involved. It's basically out of her hands that she cannot change the fact that it's charged. But if the husband contacts her, she can report that and say this is a violation, you can report it to law enforcement, you can report it to the DEA to the judge, and you can be charged if you're the husband in this scenario. But if she is continually texting him, there's nothing illegal about that. She can text, she can call she can follow, she can do whatever she wants to do, because she's not the protected, or the person who is restrained from talking to the other person. She's the protected party. She's not the defendant."

Alexis explains: "an emergency protective order just in regular i say regular but in legal terms that actually is referring to protection orders generally in family law cases so you can get protection orders in criminal cases those are mpos or mandatory protection orders um you can get protection orders by filing them that's a civil protection order or a tpo or ppo and then the epos because we like to have acronyms for everything the emergency protection orders normally are seen in family law cases now we are not a family law firm we are not experts in family law we do have some good resources for that if you're interested in that information but just as a general rule an emergency protective order is normally seen usually in relation to custody issues where if one parent is trying to leave with the kids and the other parent doesn't want them to they can file an emergency protection order saying we need to have this address right now they can't leave the state with my kids"

Alexis explains: "And the cops will then go and charge them with, not one, but two criminal offenses. Because if you violate a mandatory protection order on the criminal side, violation of that protection is a Class 1 misdemeanor. If you violate a civil protection order, it is a Class 2 misdemeanor, and they are separate offenses."

Alexis explains: "any time there is a domestic violence charge there will be a protection order that's entered against you and it's a mandatory issuance there's no way around it"

Alexis explains: "as soon as domestic violence is charged, a protection order, a mandatory protection order goes into place. It's governed by the statute 18-1-1001."

Alexis explains: "Ask your lawyer to file a modification so that you all can legally have communication. But know that until that protection order is modified, you cannot respond."

Alexis explains: "But with the protection order, you are prevented from contacting the named victim in your case, there is nothing about that protection order, though, that prevents them from contacting you. So a lot of the times this gets people into trouble, because they'll think, Okay, well, I'm not allowed, let's say it's a husband and wife and the husband is charged, the husband thinks, Well, I'm not allowed to contact my wife, but she contacted me, so I can respond. Now. You cannot, you cannot respond. So it's really difficult. Because a lot of the times we know that in Colorado, a lot of domestic violence charges are not something that the spouse actually wanted to happen."

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Alexis explains: "Criminal protection orders are automatically put on you as soon as you have a criminal charge for domestic violence, and they remain in place unless you have some hearing in court. Or if there's some modification, they will remain in place for the duration of the time that your criminal case is pending and open. And the reason I separate those two is, pending means leading up to any potential conviction or plea. And then open is if you're then on probation afterwards, or if you have any type of jail sentence, or anything following a conviction, the protection order's still in place during that time."

Alexis explains: "domestic violence laws have become much more strict in colorado and we have what's called a mandatory arrest law so if someone is charged or accused of committing an act of domestic violence there's a mandatory arrest there's no like getting a bond and paying a bond and not having to go to jail you are going to jail if you're charged with domestic violence part of that is there's also going to be a mandatory protection order issued"

Alexis explains: "During your advisement, they'll give you the chance to get what's called a keep the peace order, meaning that, for about 10 to 15 minutes, you can run back to your house, with police officers escorting you, get any belongings that you need and then leave, and that's the last time you're able to go home, because while this protection order's in place, you can't contact your significant other, you can't be at the home that they're at, anything like that."

Alexis explains: "everyone who's charged with a crime in colorado has a protection order mandatorily injure against them"

Alexis explains: "for any type of charge that anyone is charged with a misdemeanor or felony in the state of colorado a protection order enters that's always going to happen"

Alexis explains: "for domestic violence criminal charges a mandatory order enters saying hey you cannot have contact with this person you cannot be at the home where they are even if it's your own home you have to vacate the home you can have any contact that means any contact like texting chatting face timing we see a lot of people trying to snapchat that's not allowed either and you can't have indirect contact"

Alexis explains: "if it comes out that you have been trying to influence that other person in any way, or even that you've been contacting them, you could be charged with a new criminal offense. It's called a violation of protection order, and it's a class one misdemeanor, and then you just have this whole process starting over a second time."

Alexis explains: "If my client in this situation were to respond, even if they responded, no, I can't talk to you, in a text message, verbally, or over the phone. Under the law, that person could then report to the police department, that my client violated two protection orders."

Alexis explains: "If you respond, and then you all get into another argument at some point, that person the named victim can then take your responses and show law enforcement and you've got another criminal charge."

Alexis explains: "If you're wondering if the named victim, the alleged victim in a domestic violence case can get in trouble for contacting you when there's a protection order in place? The short answer is no. But I want to explain why. So in a domestic violence case, if you are charged with an act of domestic violence against your significant other, you are the defendant, they are the victim. That's how the state sees it, that that's how the court sees it. So you are prevented with that protection order, unless it's otherwise modified."

Alexis explains: "in Colorado, there is a provision that says that, as soon as domestic violence is charged, a protection order, a mandatory protection order goes into place. It's governed by the statute 18-1-1001. Now, in Colorado Springs, what happens is you are prohibited, when you have this protection order entered against you, from having any contact with your significant other whatsoever, unless a judge lifts it. It's actually the same in Pueblo County, as well as Arapahoe County and Douglas County, but specifically for El Paso County."

Alexis explains: "It's illegal for you to do so. Even if they have the best intentions. If you respond, and then you all get into another argument at some point, that person the named victim can then take your responses and show law enforcement and you've got another criminal charge. It's just not worth it. So hire an attorney, talk to your attorney about filing that motion to modify the protection order. But no, you are the one that is restrained from doing anything, not the alleged victim in the case. And we have to work through that and get through that and then that's why you have an attorney on your side because it is very, very tricky. It is a touchy subject but you have to be very careful and protect yourself first and foremost when you have these Domestic Violence Protection orders against you"

Alexis explains: "now, not only has one criminal case but three."

Alexis explains: "Now, the other way that you can access your home without to keep the peace order is you can actually ask your attorney to file a motion to modify the protection order allowing you to have contact allowing you to go back home, the other party has to be okay with that they have to give input and say Yes, I'm fine with my significant other coming home."