Protection Order

“victims have the right to appear at this date for the bond being set and any modifications made that's why it takes a little bit of time because the dea has to reach out and make contact with the victim to get their input at that bond hearing a bond is then set based on typical bond schedules and based on the person's criminal history or lack thereof their stability their involvement in the community and the severity of the charges now once the bond has been set the person can then bond out there are a couple of different kinds of bonds that we go into in more detail in other videos but once the bond has been set they can bond and then there's another court date that follows very quickly thereafter that is an advisement date where they have to sign their protection order in the domestic violence case”

“the person is put into jail they're given a volunteering and then they're immediately given a court date thereafter and things happen in very quick succession so that's why we say it's a fast track program because it's the best way i describe it is it's kind of a hurry up and wait situation so when you're charged things will happen very very quickly but once you get to that final court date where you're getting advised of the charges that are being filed against you you have your protection order then the case starts to move in the normal course and generally what we see at least here in colorado is cases typically are set about three to five weeks out depending on the judge's docket”

“a question i get asked pretty frequently is do dv defendants have protection orders levied against them or in other words if you're charged with an act of domestic violence will you have a protection order issued against you the short answer is yes the even shorter answer is everyone who's charged with a crime in colorado has a protection order mandatorily injure against them the difference is is that if there's an act of domestic violence alleged the protection orders become much more robust and there's a much higher likelihood that you could get into further trouble and pick up additional criminal charges if you violate that protection order”

“so let's go back to basics 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 the reason people don't think about that as much is because it's a very generic protection order the protection order will say don't retaliate against witnesses in the case usually let's say in the case of a dui or a drug bust the witnesses are usually always going to be law enforcement so in other words that protection order says don't retaliate against the cop that arrested you makes sense right”

“but in a protection order that has a domestic violence allegation it becomes much more robust so in a domestic violence case if there are any allegations of domestic violence at all the protection order actually prevents you from contacting your victim”

“the typical example that we see with a domestic violence case is let's say a husband and wife if the husband is charged with an act of domestic violence there is a protection order that automatically enters saying you cannot have contact with your victim in other words your wife and contact means you can't go home if you share the same home you can't text them you can't call them and you can't have third-party contact and that means you can't have a friend go to check on them to make sure they're okay because that is you subverting the protection order by having third-party contact”