In many cases involving domestic violence allegations, the judge will issue a no contact order, or mandatory protection order.
Such an order prohibits a defendant from contacting an alleged victim, either directly or indirectly, until the case is resolved and may have a significant impact on a defendant’s rights, including an inability to own firearms.
While a judge can tailor a protection order, most include common prohibitions that can prevent you from seeing your children, or even returning home. Nor can an alleged victim voluntarily surrender rights under such an order; only a judge can lift the order.
Contacting a Fort Collins defense attorney as soon as possible after arrest is the best thing you can do to limit the negative impacts such orders will have on your life.
Civil protection orders can also be sought by any party but are most common amid contentious divorce or child custody cases, or amid allegations of domestic violence. A Temporary Protection Order (TPO) granted by the court will be good for 14 days. Following a hearing, a judge may issue a Permanent Protection Order (PPO), which can last indefinitely.
Violating such orders constitutes a separate criminal offense.
It’s important to note, these orders apply to both parties, which also makes it a violation for an alleged victim to contact a defendant. In many cases, a victim will reach out to a defendant and then report a defendant for responding, or for mistakenly believing he or she is permitted to resume contact.
The orders prohibit all contact, even through a third party. Common violations include:
A Fort Collins defense lawyer can work to limit the consequences of such orders, particularly as it relates to civil TPO or PPO orders. Contacting an attorney as early as possible in your case will put you in the best position to defend your rights. In many cases, an alleged victim will pursue such orders out of spite, or as a way to seek advantage in a divorce or child custody case. But whatever the reason, once in place a defendant faces serious restrictions that can disrupt life and leave him exposed to additional criminal penalties for alleged violations.
Call Matthew Haltzman at the Haltzman Law Firm today at (970) 692-3440 for a free and confidential consultation to discuss your rights.
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