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Restraining orders, also known as protective orders, are designed to protect victims of harassment or abuse. If you have been accused of violating an order of protection, you must seek help from a dedicated domestic violence attorney right away. These charges are serious, and a conviction has the potential to make a bad situation worse. A Boulder protective orders lawyer could help you defend your rights.
Protective orders limit a person’s rights in a variety of ways, but usually prohibit the person it targets from having any contact with their alleged victim. The specifics differ by case as judges have the power to tailor each protective order’s requirements to specific allegations. This prohibition is not limited to in-person contact but also includes:
If there is a restraining order against you, it might place restrictions on where you may spend time, including preventing you from entering your alleged victim’s residence or being at the same premises when they are.
For those concerned about family, a judge might permit limited contact through intermediaries about childcare issues, but usually puts protections in place to prevent behavior such as harassment, stalking, or harm. In cases of alleged domestic abuse, these restrictions could extend beyond the alleged victim to forbid someone from having any contact with their children.
Individuals have the right to file a petition in civil court seeking protection based on a fear of stalking or harassment. A judge may issue a civil protection order outside of criminal proceedings when police have not made an arrest. However, judges may also issue protective orders in criminal cases or civil proceedings.
Judges will issue criminal protective orders immediately following arrests for alleged domestic violence. There are more limitations concerning these orders than for orders issued by civil judges. In either scenario, there are serious consequences if you do not comply with a protective order placed against you, and a Boulder attorney could help you navigate these charges.
Violating the terms of a civil or criminal protective order is a Class 1 misdemeanor, with increasing penalties for subsequent convictions. First-time offenders could face a fine of $500 and up to 18 months in jail. Any further convictions carry maximum terms of two years in jail and fines of up to $5,000.
As with any other crime, you have the right to defend yourself against an alleged violation of a protective order. If the state cannot establish your guilt beyond a reasonable doubt, you are entitled to an acquittal at trial. A Boulder attorney with protective order experience could advise you of your defense options.
If you have been accused of violating a protection order or just have questions about how they work, you should discuss your legal rights with an attorney. A Boulder protective orders lawyer could help you avoid a conviction or maybe even get the order lifted. Some risks come with acting on your own. Contact Petrash Law today, and discuss how strong legal counsel could help your case.