Mandatory Restraining Orders Pursuant to Section 18-1-1001, C.R.S.

Limitations of HTML prevent an exact reproduction of such features as boxes used to check what applies. An underline __ is used instead.

Ordinarily you will be held without bail until a hearing can be held before a magistrate, even if that time exceeds 48 hours. By a hearing, what is meant is that you enter a plea. They do not want to hear your side of the incident. In fact, you are much better off to remain silent, just like in the cop movies.

You will be made to sign this restraining order before you are released from custody C.R.S. § 16-4-103 (2). All of the boxes will be checked before you are set free. You cannot be released, i.e., a summons issued in lieu of arrest, at the scene of the alleged crime C.R.S. § 16-3-105.

__ District Court __ County Court, __________________ County, Colorado

Case No. _____________________

MANDATORY RESTRAINING ORDER PURSUANT TO SECTION 18-1-1001, C.R.S.

The People of the State of Colorado,

v.

____________________________________________, Defendant

(date of birth: _______________________).

To the above named Defendant,

THE COURT FINDS it is appropriate to issue this restraining order pursuant to Section 18-1-1001, C.R.S.

THEREFORE, IT IS ORDERED THAT:

You, the defendant, shall not harass, molest, intimidate, retaliate against, or tamper with any witness to or victim of the acts you are charged with committing.

IT IS FURTHER ORDERED THAT:

__ You, the defendant, shall vacate the home of the victim and stay away from any other location the victim is likely to be found.

__ You, the defendant, shall refrain from contacting or directly or indirectly communicating with the victim.

__ You, the defendant, shall not possess or control a firearm or other weapon.

__ You, the defendant, shall not possess or consume alcoholic beverages or controlled substances.

__ IT IS FURTHER ORDERED THAT: _____________________________________________

__________________________________________________________________________

The names and dates of birth of the protected persons and any victims or witnesses are:

__________________________________________________________________________

__________________________________________________________________________

This order remains in effect until final disposition or further order of court.

___________________________ __________________________________

Date Defendant

___________________________ __________________________________

Date Judge/Magistrate

I certify that this is a true and complete copy of the original order.

___________________________ __________________________________

Date Deputy Clerk

PLEASE NOTE: IMPORTANT NOTICES FOR RESTRAINED PARTIES AND LAW ENFORCEMENT OFFICIALS ON REVERSE.

JDF 440 5/96

Notes regarding restraining orders:

1.Numbers given refer to sections of the Colorado Revised Statutes (C.R.S.). Formerly, direct links were provided to each statute but the legislative Web site for Colorado statutes has changed four times in two years and it has proven impossible to maintain individual links. Clicking on the C.R.S. will take you to the State of Colorado Web sites and the link for the Colorado Statute Manager. Search from there by word or the section number given.

2. The reverse side of the restraining order has not been included here.

3. When charged with domestic violence, arrest is mandatory C.R.S. § 16-3-105 (1.5) and C.R.S. § 18-6-803.6.

4. The police need not obtain a warrant for your arrest under C.R.S. § 18-6-803.6 even if you are not present when they arrive and they find you days later.

5. The police need not witness any crime and may use hearsay to make a warrantless arrest and search.

6. Without limit, any other order the court deems appropriate to protect the safety of the alleged victim may be imposed on you prior to a trial C.R.S. § 16-4-105. These may include, but are not limited to:

(I) Periodic telephone contact with the defendant by the police or other agency. This is very likely whether or not the court orders it.

(II) Periodic office visits by the defendant to the pretrial services program.

(III) Periodic home visits to the defendant's home (note that the defendant has probably been ordered to vacate his "home" and may be living on the streets or, at best, in a motel).

(IV) Periodic drug testing of the defendant.

(V) Mental health or substance abuse treatment for the defendant including residential treatment.

(VI) Domestic violence counseling for the defendant.

(VII) Electronic monitoring of the defendant.

(VIII) Pretrial work release of the defendant.

Note that items (I) through (VIII) are exactly the same as the likely punishment that will be imposed if you are found guilty. Thus, you are presumed to be guilty and the punishment precedes the trial. If you are found innocent you will already have been punished. You will also be ordered to pay for your punishment whether or not you are convicted.

7. Mediation of the issues was expressly denied in 19-3-310.5 (II) for cases where domestic violence is charged but that section was repealed effective July 1, 1999. We are presently uncertain whether mediation can be requested or not in these cases but it does not appear likely.

8. If you appeal for any reason, the restraining order remains in effect until final disposition of the appeal C.R.S. § 18-1-1001.

9. Last, but far from least, from the time the restraining order is imposed until it is cleared from all databases it is a violation of Federa l law 18 U.S.C. § 922(g)(8 and 9) to purchase, acquire, or be in possession of firearms or other dangerous weapons, e.g., swords, grenades, explosives, ammunition, etc. This is a felony with a mandatory minimimu of 5 years in prison if convicted.

Collectors items are held to be in this category as well. "In possession" generally means in the same room as, or in close proximity to. If you are visiting a friend and they have a gun collection, you are in violation and could be sentenced to five years (minimum) in prison.

Thus, if you have a gun collection, swords, etc., have a friend or relative collect them for you and remove them to storage in a place you do not have access to until after you are sure the restraining order has been lifted and your name removed from the state and federal databases. That will usually require a separate motion to the court or personally carrying a copy of the court order of dismissal to a Colorado Bureau of Investigation office.

As a safety measure you should have a gun dealer run a check on you after the order is dismissed to be absolutely sure your name has been removed from all databases.