protection_order

IMPORTANT!

Always carry a copy of the protection order with you to show police if you are stopped! The order contains all of the specific terms that you must meet, and sometimes you can avoid arrest by presenting the officer with the specific terms of the order.

Quick Tips•Protection orders only work one way. You are the one restrained, not the victim.

•DON’T DRINK!

•The victim(s) can do anything they want to do (so long as no law is violated of course) without repurcussion.

•The victim can call you, but if you talk to them that is a violation of the protection order and you can be arrested.

•If the victim comes over and tries to talk with you and you agree, you have violated the protection order.

•If you receive an email or text from the victim(s) and you respond, you are in violation of the protection order.

•Do not contact the victim’s employer or other family members. It could get you arrested if someone complains.

•If you see the victim, go the other way. If you’re at a restaurant or party, LEAVE! Don’t be fooled into thinking you were there first and it’s O’K. Law enforcement may see it differently and arrest you!

•If you both agree to meet at a restaurant for a drink to discuss things, you probably have violated the protection order at least three ways!

•You should maintain a record of all attempts by the victim(s) to contact you. In the event of a violation, these records could be important.

•Stay off Facebook and other social networks until the Protection Order is lifted. Statements made on websites could get you arrested.

Protection Order

Routt CountySheriff Garrett Wiggins

© Copyright 2011, The Local, Community Publications DivisionAll Rights Reserved

Routt.CO-B1

For more details, including information on Getting Out of Jail and DUIs, information, go to:

www.onlinejailservices.com

What You Should Know

more at: www.onlinejailservices.com

INSIDE:What is Domestic Violence? . . . . . . . . . . . 2Arrested: What Happens Now . . . . . . . . . 3Need An Attorney? . . . . . . . . . . . . . . . . . . . . 3Getting Out of Jail . . . . . . . . . . . . . . . . . . . . . 4Responsibilities Out On Bond . . . . . . . . . . 5Protective Orders . . . . . . . . . . . . . . . . . . . . . 6Modifying a Protective Order . . . . . . . . . . 7 Reconciliation . . . . . . . . . . . . . . . . . . . . . . . . 8Victim’s Responsibilities . . . . . . . . . . . . . . . 9Quick Tips . . . . . . . . . . . . . . . . . . . . . . . . . . .12



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Arrested: What Happens NowIf you have been arrested for a crime in the State of Colorado, an automatic protective order goes into effect. This order restrains a person from harassing, molesting, intimidating, retaliating against, or tampering with any witness or victim.

It is best to have no contact of any kind with witnesses or victims. Courts view harassing, tampering with or attempting to exert influence over a victim or witness in connection with a criminal proceeding as an assault on the justice system. The Court can impose severe penalties on offenders.

What is Domestic Violence?Domestic violence is a charge of violence within the household or family. Courts consider domestic violence a very serious matter. If you are arrested on domestic violence charges, you will be required to see a judge. The judge will set your bond amount to be released from jail after determining the severity of violence committed and the level of threat you pose to the victim(s).

Victims in a domestic violence case can be any family member or member of your household. This can be a spouse, significant other, children, parents, siblings or other relatives, but can also be a friend or roommate living in your home.

Law enforcement’s primary goal in a domestic violence case is to remove the threat to the victim(s). For this reason, if an officer on scene detects any sign of domestic violence, they WILL make an arrest and remove the accused from the situation.

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Need An Attorney?It is always a good idea to consult an attorney when you charged in a domestic violence case. You will be prohibited from contacting the victim(s) in the case, but an attorney can establish dialogue to discuss living arrangements, bill payment, money, etc.

Attorneys can also help you understand the terms of the protection order which will be issued against you and can advise you of the victim’s position on that order. An attorney can also work with you and the court to have the protection order modified or lifted as soon as possible.

Getting Out of JailIn order to be released from jail, you will probably be required to post a bail bond - an amount of money held by the court as a guarantee that you will appear as required. The money given to the court will be held and returned to you after your last required appearance in court, as long as you have complied and appeared as required.

If you cannot afford the standard bond amount, you may ask to see a judge, who may reduce the amount required or agree to your release on a personal appearance bond, which is simply your promise to return.

Another option is to contract with a bail bondsman, who will post the bail for you in exchange for a smaller fee.

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Responsibilities While Out On BondIf you need to go home and get your things, but are prohibited from going home by the protection order, you can contact the police. They will send an officer with you as a “standby” to monitor and observe the removal of your belongings.

Stay on top of your rent and other bills. Even if you are prohibited from living at home, you are still legally responsible for your debts and bills, and can be arrested for failure to meet these responsibilities.

As difficult as it may be, be firm on maintaining no contact with the victim(s). You cannot even ask a friend to contact them on your behalf in attempt to resolve the situation. If the victim calls you, you can not talk to them, hang up! If the victim enters a room you are in, leave! If a friend of the victim calls to discuss the victim, hang up! Even texts or emails from the victim should be given NO response.

In all cases of attempted contact by the victim, keep records (messages, phone logs, etc) and notify law enforcement immediately!

REMEMBER!Permission to contact

the victim can only come from the judge.


Protection Order ModificationsOnly the judge can modify or lift the protection order!

At the hearing, if you feel you are unable to comply with any provisions of the order, explain your problem to the judge and they will determine if a modification is warranted. For example, if you and the victim(s) work or go to school at the same location, or if you are from out of town and must travel together, then modifications can often be made allowing for these circumstances.

Your biggest responsibility while awaiting your hearing or trial is to comply with all terms of the protection order against you.

Remember, again, only the judge can modify or lift the protection order!

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IMPORTANT: Always carry a copy of the protection order with you to show police if you are stopped! The order contains all of the specific terms that you must meet, and some-times you can avoid arrest by presenting the officer with the specific terms of the order.

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Protection Order aka “Restraining Order”At your first hearing with the judge, the same one where your bail amount is decided, the court will issue a protection order. This order will detail restrictions against you while your case is pending. You will be asked before the hearing ends if you understand the terms of the protection order. Once you state that you do, you are bound by law to adhere to the terms, and can be rearrested if you violate those terms.

It is important to understand that with a domestic violence protection order you cannot contact the victim(s) in any way. This means NO CONTACT, period, even if the victim initiates it by calling or writing to you first. You will be ordered to stay away from the victim(s)’ work and home, even if that is also your home!

The protection order will also state that you may not possess firearms or other weapons, that you not possess or consume alcohol or other controlled substances and that you must comply with any other order the court deems appropriate to protect the safety of the victim(s).

In most cases of spousal domestic violence, children will be included as victims in the protection order.

REMEMBER!Only the Court can change a

Protective Order.

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ReconciliationCourt appearances are scheduled quickly so as to facilitate solutions to the problems domestic violence causes, and to review protection orders and the need to “lift” or modify them.

The District Attorney (DA) will contact the victim and determine the level of violence and abuse that has occurred. The DA will listen to the wishes and needs of the victim and make recommendations to the court as to modifications to the protection order.

If you have an attorney, they can contact the victim as well to determine his/her requirements throughout the Protection Order as well as the need for its continuation.

Voluntarily entering counseling or anger management classes can demonstrate serious willingness to change on the part of domestic abusers.

Victim’s Responsibilities• Respect the conditions of

the Protection Order and do not entice, seduce, or trick the restrained person into violating the protection order. Remember that even if you want to communicate, you must voice this desire through the court and allow for proper modification of the protection order.

• Cooperate in communicating with the DA or defendant’s attorney, as this is the process to a quicker resolution of your case.

• Have a safety plan, including a place out side the family home to seek shelter in extreme cases.

• Hire an attorney of your own to effect good communication with the defendent’s attorney and the court.

• Remember and respect the needs of any children involved.

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Professional Bonding CompaniesBail Bonds, Bondsmen

City: Steamboat Springs, CO:Jay Campbell, Campbell Bail Bonds819-8582 • 879-9189

Tom Reuter, Checkpoint Bail Bonds291-9142 - (across from jail)

Joe Pete Lorusso, Lorusso Bail Bonds879-6318 • 846-1398

Becca Troester, Checkpoint Bail Bonds291-9142 - (across from jail)

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Sharon Rothermund, A-Best Bail Bonds824-2500

AttorneysLocal lawyers available to help

City: Steamboat Springs, Colo.Jacob Miller, Esq.183 11th St. • 555-1435

Karen Martinson, Esq.1566 South Lincoln • 555-3356

Andrew Smith, Esq.134 West Pine St. • 555-9801

Sally Turner, Esq.980 Lincoln Ave. • 555-4326

City: Craig, Colo.Angela Mickleson, Esq.8457 6th St. Suite 123 • 555-7782

Peter Palmer, Esq.3122 E. Elm, Suite 45 • 555-3657

Gerald Arno, Esq.322 S. Fredrickson • 555-3442

Bonnie Ramsey, Esq.1007 Oak, Suite 4 • 555-1222

Credit Cards: Note, most bonding companies will accept credit cards. The bondsman may be able to place the full amount of your bond including his fee on a credit card.

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