Restraining orders—or protection orders—often occur during a family law matter, such as divorce or child custody, or as a result of a domestic violence situation. Once a restraining order is in place, it can be a burdensome process to deal with the order as well as to have the order canceled. A restraining order can do the following:
- Prevent you from going to your home
- Prevent you from possessing a firearm
- Prevent you from consuming alcohol
- Prevent you from seeing your children
- Prevent you from contacting the party who requested the restraining order
Violating any terms related to a restraining order is a criminal offense, with penalties of up to two years in jail—as well as the implementation of another restraining order. As you might imagine, a vicious cycle can ensue once a restraining order is in place, particularly when the person who asked for the order is not following the terms of the restraining order either. In some cases, a person will ask for a restraining order, then have a change of heart.
A restraining order in Boulder can also be issued by the court, following a domestic violence situation. When a restraining order in Boulder is in place, it is generally accompanied by complex emotions and challenging legal issues. As such, it is crucial that you speak to an experienced Boulder criminal defense attorney who will work hard for the best possible outcome of the restraining order.
Domestic Violence in Boulder
When a partner in an intimate relationship threatens or commits an act of violence toward the other, domestic violence may have occurred. Under Colorado Revised Statutes, an intimate relationship is defined as a relationship between:
- Two spouses
- Two people who are parents of the same child
- Former couples
- Former spouses
- Unmarried couples
According to the National Coalition Against Domestic Violence, in 2014 there were 16,700 reports of domestic violence to Colorado law enforcement. The NCADV also estimates that approximately 325,000 people in the state of Colorado will be a victim of stalking at some point during their life. Domestic violence generally has a purpose of controlling another person, whether through physical, sexual, emotional, verbal, or economic abuse. Unfortunately, in some cases, charges of domestic violence are a way to “get back” at an intimate partner, rather than an actual, true experience.
Colorado has very strict domestic violence laws, along with severe penalties. The minimum penalties for a first-offense domestic violence conviction include 24 months’ probation, public notice of the conviction, possible time behind bars, court-related fines, lifetime revocation of the right to bear arms, an inability to obtain custody of a child, a mandatory protection order and treatment for domestic violence.
Contact Our Boulder Domestic Violence Defense Lawyers
If you have been charged with domestic violence, it is imperative that you contact an experienced Boulder criminal defense attorney (even before you speak to the police) so your rights and your future will be protected.
Don’t delay in calling a knowledgeable Boulder criminal defense attorney from the Mertes Law Firm who can guide you through the process, looking out for your rights and your future. Call us today at 303-440-0123.
