PT4M43S
“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”
“the problem is if you do violate that protection order you can have another charge levied against you a violation of a protection order charged as another act of domestic violence it's a brand new case and now you're even deeper in so these protection orders are incredibly important to be aware of and know kind of what you're dealing with when you have a domestic violence protection order”
“but it's important to note that any criminal case has a protection order issued it's just in domestic violence cases they're much more beefy and there's more to them we'll go into more detail later about the differences between criminal protection orders versus civil protection orders and we'll also dive further into what you can do when you have a criminal protection order for a domestic violence charge if you want to be able to have contact with your spouse if they're listed as the victim but for now just know that in 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”
“everyone who's charged with a crime in colorado has a protection order mandatorily injure against them”
“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”
“if you do violate that protection order you can have another charge levied against you a violation of a protection order charged as another act of domestic violence it's a brand new case”
“as you can understand this becomes incredibly sticky and complicated especially with people who have been together for years you are in this difficult situation you're stuck in the jail you get bonded out and then you can't even go home or talk to your spouse”
“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 and i put it in quotes because a lot of the times domestic cases or domestic violence cases are misunderstood 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”
“the problem is if you do violate that protection order you can have another charge levied against you a violation of a protection order charged as another act of domestic violence it's a brand new case and now you're even deeper in so these protection orders are incredibly important to be aware of and know kind of what you're dealing with when you have a domestic violence protection order but it's important to note that any criminal case has a protection order issued it's just in domestic violence cases they're much more beefy and there's more to them”
“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”
“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”
“a violation of a protection order charged as another act of domestic violence it's a brand new case and now you're even deeper in”
“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”
“as you can understand this becomes incredibly sticky and complicated especially with people who have been together for years you are in this difficult situation you're stuck in the jail you get bonded out and then you can't even go home or talk to your spouse”