In Colorado, if the police have probable cause to believe domestic violence has occurred, the law requires that an arrest be made. One or both parties will be arrested.
Once an individual has been arrested for domestic violence, he or she cannot be released or given a summons in lieu of arrest at the scene of the crime. Instead, he or she will be held in jail without an opportunity to post bail until appearing before a magistrate. However, before you are released, you will be required to sign a mandatory protection order which will include the following:
- An order to vacate or stay away from the home of the victim and to stay away from any other location where the victim is likely to be found
- An order to refrain from contact or direct or indirect communication with the victim
- An order prohibiting possession or control of firearms or other weapons
- An order prohibiting possession or consumption of alcohol or controlled substances; and
- Any other order the court deems appropriate to protect the safety of the alleged victim.
If you violate any of the terms of the restraining order, directly or indirectly, you will be arrested and put in jail. Read the restraining order carefully and always exercise extreme caution. If your living situation makes abiding by the restraining order difficult, you may ask for a modification of that restraining order. However, until a modification is granted, it is important to continue abiding by its terms. If you plead guilty or are convicted at trial, the restraining order may become permanent.
If you have been arrested on domestic violence charges or have had a restraining order filed against you and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 minute consultation.
