In all criminal cases, a judge is required to enter a criminal protection order against the person accused of the crime. The protection order imposes conditions a criminal defendant must comply with until the criminal case is resolved. That is, the protection order remains in place until charges are dismissed, an acquittal, or the sentence is finished.
Standard Conditions of a Protection Order
Most of the time a court will simply order that a criminal defendant not "harass, molest, intimidate, retaliate, or tamper" with any "victims or witnesses" of the crime that is pending. However, a judge may also tailor the protection order to specific aspects of the case. For example, in a domestic violence case, a court may order that the defendant not live in the same home as the victim. Another example might be a DUI case where a court may order that person not possess or consume alcohol.
While protection orders are mandatory in all criminal cases, many times they can be modified at different times while the case is pending.
Violating A Protection Order Is A Crime
Violating a protection order is a crime in and of itself. Far too often people will be charged initially with something that is very defensible but the next thing they know, they are charged with Violation of a Protection Order. Violation of a Protection order can be charged as a class one misdemeanor or a class two misdemeanor, depending on the circumstances.. Class one misdemeanors are punishable with up to 18 months of jail and class two misdemeanors are punishable with up to 12 months in jail.
You Will Need An Experienced Criminal Defense Attorney.
If you have been accused of violating a protection order and your future is in jeopardy or if you wish to modify an existing protection order, do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case. To schedule a free consultation, contact The Merson Law Office. We provide Criminal Defense services to Longmont,Berthoud, Erie, Firestone, Frederick, Lyons, Mead, Niwot and Dacono. Call our office at 970-219-2923 or 303-776-3511. Or fill out an intake form here.