The law requires that the accused spend the night in jail without the possibility of posting bond until the next day. You will be issued a criminal mandatory protection order which you will be required to sign before being released from jail.
A Domestic Violence charge is a sentence enhancer and often included with assault and criminal mischief charges when the officer has a reasonable suspicion that there is an underlying factual basis of domestic violence. Domestic violence is used only when an intimate or romantic relationship exists between the accused and alleged victim.
18-6-801. Domestic violence - sentencing
(1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S. If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.
(b) The court may order a treatment evaluation to be conducted prior to sentencing if a treatment evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S.
(c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case.
(2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections.
(3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court. The prosecuting attorney's record and the court's findings shall specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3 (1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.
(4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1).
(5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted.
(6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances.
(7) In the event a person is convicted in this state on or after July 1, 2000, of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3 (1), and that person has been three times previously convicted, upon charges separately brought and tried and arising out of separate and distinct criminal episodes, of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence, the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. If the person is adjudged an habitual domestic violence offender, the court shall sentence the person pursuant to the presumptive range set forth in section 18-1.3-401 for a class 5 felony. The former convictions and judgments shall be set forth in apt words in the indictment or information.
(1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S. If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.
(b) The court may order a treatment evaluation to be conducted prior to sentencing if a treatment evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S.
(c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case.
(2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections.
(3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court. The prosecuting attorney's record and the court's findings shall specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3 (1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.
(4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1).
(5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted.
(6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances.
(7) In the event a person is convicted in this state on or after July 1, 2000, of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3 (1), and that person has been three times previously convicted, upon charges separately brought and tried and arising out of separate and distinct criminal episodes, of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence, the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. If the person is adjudged an habitual domestic violence offender, the court shall sentence the person pursuant to the presumptive range set forth in section 18-1.3-401 for a class 5 felony. The former convictions and judgments shall be set forth in apt words in the indictment or information.
CRIMINAL and CIVIL PROTECTION ORDERS
§18-1-1001 A Criminal Mandatory Protection Order restraining you from any contact with the alleged victim will be ordered by the judge until the criminal case is resolved by the court pursuant to §18-1-1001. The accused is restrained until final disposition of the action which means until the case is dismissed, until the Defendant is acquitted, or until the Defendant has completed his/her sentence. Any Defendant sentenced to probation or incarceration shall be deemed to have completed his/her sentence upon discharge from probation or incarceration.
A knowing violation of a Protection Order is a crime under §18-6-803.5 with a possible fine of $5,000.00 and up to 18 months incarceration. Such a violation also constitutes contempt of court. The terms of this order cannot be changed by agreement by the victim, only the Court can change or modify the order. If you violate the order thinking that the victim or witness has given you permission you can be arrested and prosecuted. Possession of a firearm while this protection order is in effect or following a misdemeanor crime of Domestic Violence, may constitute a felony under Federal Law U.S.C. §18-922(g)(8) and (g)(9).
If you have a criminal restraining order against you this will result in being put on the Protection Order Central Registry.
§18-6-803.7. Central registry of protection orders - creation. (2)(a) There is hereby created in the bureau a computerized central registry of protection orders which shall be accessible to any state law enforcement agency or to any local law enforcement agency having a terminal which communicates with the bureau. The central registry computers shall communicate with computers operated by the state judicial department. (b) Protection orders and subsequent orders shall be entered into the registry by the clerk of the court issuing the protection order; except that orders issued pursuant to sections 18-1-1001 and 19-2-707, C.R.S., shall be entered into the registry only at the discretion of the court or upon motion of the district attorney.
The individual you had been in an intimate relationship might take out a temporary civil protection order against you.
§13-14-101 Civil Protection Orders (2.4) (a) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from threatening, taking, transferring, concealing, harming, or disposing of an animal owned, possessed, leased, kept, or held by a protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court ...
A civil protection order, similar to a criminal protection order, can be modified, dismissed or can become permanent.
If the Civil Protection Order becomes permanent you must wait 4 years to file a Motion to Modify or Dismiss a Civil Protection Order. The restrained person must submit a fingerprint-based criminal history record check from the FBI and CBI done within 90 days prior to the time the motion is filed. An advocate represents you at the protection order hearing to prove to the judge that a modification or dismissal is appropriate because the protection order is no longer necessary.
§13-14-103 Emergency Protection Order - The court needs to find that physical and emotion harm would result if the accused is not excluded from the family home or home of the alleged victim, or "protected person"; or that there are reasonable grounds to believe that the protected person is in danger of being the victim of an unlawful sexual offense in the future or that award of temporary custody of the children is necessary to prevent domestic abuse to or prevent the children from witnessing domestic abuse in the future.
If you have been convicted of any misdemeanor, (other than the original misdemeanor) and it was for an act of domestic violence or any felony, the protection shall remain permanent.
§18-1-1001 A Criminal Mandatory Protection Order restraining you from any contact with the alleged victim will be ordered by the judge until the criminal case is resolved by the court pursuant to §18-1-1001. The accused is restrained until final disposition of the action which means until the case is dismissed, until the Defendant is acquitted, or until the Defendant has completed his/her sentence. Any Defendant sentenced to probation or incarceration shall be deemed to have completed his/her sentence upon discharge from probation or incarceration.
A knowing violation of a Protection Order is a crime under §18-6-803.5 with a possible fine of $5,000.00 and up to 18 months incarceration. Such a violation also constitutes contempt of court. The terms of this order cannot be changed by agreement by the victim, only the Court can change or modify the order. If you violate the order thinking that the victim or witness has given you permission you can be arrested and prosecuted. Possession of a firearm while this protection order is in effect or following a misdemeanor crime of Domestic Violence, may constitute a felony under Federal Law U.S.C. §18-922(g)(8) and (g)(9).
If you have a criminal restraining order against you this will result in being put on the Protection Order Central Registry.
§18-6-803.7. Central registry of protection orders - creation. (2)(a) There is hereby created in the bureau a computerized central registry of protection orders which shall be accessible to any state law enforcement agency or to any local law enforcement agency having a terminal which communicates with the bureau. The central registry computers shall communicate with computers operated by the state judicial department. (b) Protection orders and subsequent orders shall be entered into the registry by the clerk of the court issuing the protection order; except that orders issued pursuant to sections 18-1-1001 and 19-2-707, C.R.S., shall be entered into the registry only at the discretion of the court or upon motion of the district attorney.
The individual you had been in an intimate relationship might take out a temporary civil protection order against you.
§13-14-101 Civil Protection Orders (2.4) (a) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from threatening, taking, transferring, concealing, harming, or disposing of an animal owned, possessed, leased, kept, or held by a protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court ...
A civil protection order, similar to a criminal protection order, can be modified, dismissed or can become permanent.
If the Civil Protection Order becomes permanent you must wait 4 years to file a Motion to Modify or Dismiss a Civil Protection Order. The restrained person must submit a fingerprint-based criminal history record check from the FBI and CBI done within 90 days prior to the time the motion is filed. An advocate represents you at the protection order hearing to prove to the judge that a modification or dismissal is appropriate because the protection order is no longer necessary.
§13-14-103 Emergency Protection Order - The court needs to find that physical and emotion harm would result if the accused is not excluded from the family home or home of the alleged victim, or "protected person"; or that there are reasonable grounds to believe that the protected person is in danger of being the victim of an unlawful sexual offense in the future or that award of temporary custody of the children is necessary to prevent domestic abuse to or prevent the children from witnessing domestic abuse in the future.
If you have been convicted of any misdemeanor, (other than the original misdemeanor) and it was for an act of domestic violence or any felony, the protection shall remain permanent.
VIOLATION OF A PROTECTION ORDER - The protected person can be male or female. The individual accused of VPO, or violating a protection order, can be male or female. While more males are accused of domestic violence, females are also charged with domestic violence . In some cases when an abusive female has been arrested for domestic violence she then goes to a shelter and obtains a civil restraining order against her accuser.
§18-6-803.5. Crime of violation of a protection order - penalty - peace officers' duties
(1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; or
(b) Except as permitted pursuant to section 18-13-126 (1) (b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person.
(1.5) As used in this section:
(a) "Protected person" means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued.
(a.5) (I) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court, ...
(2) (a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor.
(a.5) A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
(1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; or
(b) Except as permitted pursuant to section 18-13-126 (1) (b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person.
(1.5) As used in this section:
(a) "Protected person" means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued.
(a.5) (I) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court, ...
(2) (a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor.
(a.5) A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).
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NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, COLORADO CRIMINAL DEFENSE BAR
PRIVACY POLICY & DISCLAIMER - The information contained in the website MCCLUSKEY LAW OFFICE is for informational and promotional purposes only, and does not contain any legal or other professional advice. There is no legal advice on this website and nothing contained on this website should be construed as such. The purpose of this website is to promote MCCLUSKEY LAW OFFICE and the nature of this legal practice. While this website may also provide information about developments in the law, discussions of legal scenarios, and references to other attorneys and services, the information and hyperlinked websites contained in this website are intended for general informational purposes only and do not constitute legal advice. Visiting this website does not create an attorney-client relationship with MCCLUSKEY LAW OFFICE. MCCLUSKEY LAW OFFICE does not accept any responsibility for any loss which may arise from reliance on information contained in this website.