Mandatory Protection Order {JDF 438}

Municipal Court County Court District Court ____________________________ County, Colorado Court Address: COURT USE ONLY Case Number: 16 Character #: __________________________ THE PEOPLE OF THE STATE OF COLORADO v. Defendant: Address: _________________________________________ _________________________________________ Division Courtroom MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S. Full Name of Defendant Protected Party alleges Weapon Involved Date of Birth Sex Race Weight Height Hair Color Eye Color M F Full Name of Protected Party (Victim/Witness) Date of Birth Sex Race Full Name of Protected Party (Victim/Witness) Date of Birth Sex Race The Court Finds it is appropriate to issue this Protection Order pursuant to §18-1-1001, C.R.S. The Court Finds that the Defendant (d)(8) and (g)(8). is is not governed by the Brady Handgun Violence Prevention Act, 18 U.S.C. §922 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. 2. Shall vacate the home of the victim(s), stay away from the home of the victim(s), and stay away from any other location the victim(s) is/are likely to be found. 3. Shall refrain from contacting or directly or indirectly communicating with the victim(s) or witness(es). 4. Shall not possess, purchase, or control a firearm or other weapon. 5. Shall not possess or purchase any ammunition. 6. Shall relinquish, for the duration of the order, any firearm or ammunition in your immediate possession or control, or subject to your immediate possession or control, and shall do so within ___(hours) (24 or up to 72) for firearms and within _____(24 hours or up to 5 days) for ammunition. If you are in custody and cannot relinquish firearms and ammunition, the court orders you to do so within 24 hours of your release from custody. You shall file proof of relinquishment with the court, within 3 business days of the relinquishment as required by statute. 7. Shall not possess or consume alcoholic beverages or controlled substances. 8. Is further ordered that: ___________________________________________________________________________________________ _________________________________________________________________________________________________ 1. This Order remains in effect until final disposition or further order of Court. * Date: __________________________________ By signing, I acknowledge receipt of this Order. Date: __________________________________ I certify that this is a true and complete copy of the original order. ______________________________________ Judge Magistrate ______________________________________ Defendant Date: _________________________________ ______________________________________ Clerk JDF 440 R7/2015 MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S. © 2013, 2014, 2015 Colorado Judicial Department for use in the Courts of Colorado Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com *%22Until final disposition of the action%22 means until the case is dismissed, until the Defendant is acquitted, or until the Defendant completes his or her sentence. Any Defendant sentenced to probation is deemed to have completed his or her sentence upon discharge from probation. A Defendant sentenced to incarceration is deemed to have completed his or her sentence upon release from incarceration and discharge from parole supervision. (§18-1-1001(8)(b), C.R.S.) IMPORTANT INFORMATION ABOUT PROTECTION ORDERS THIS ORDER IS IN EFFECT UNTIL THE DISPOSITION OF THIS ACTION, OR, IN THE CASE OF AN APPEAL, UNTIL THE DISPOSITION OF THE APPEAL. This Order is accorded full faith and credit and shall be enforced in every civil or criminal court of the United States, an Indian tribe, or a United States territory pursuant to 18 U.S.C. Sec. 2265. The issuing court has jurisdiction over the parties and subject matter. The Defendant has been given reasonable notice and opportunity to be heard. NOTICE TO DEFENDANT A knowing violation of a Protection Order is a crime under §18-6-803.5, C.R.S. A violation may subject You may be arrested without notice if a law enforcement officer has probable cause to believe that you have If you violate this Order thinking that a victim or witness has given you permission, you are wrong, and can be arrested and prosecuted. The terms of this Order cannot be changed by agreement of the victim(s) or witness(es). Only the Court can change this Order. You may apply at any time for the modification or dismissal of this Protection Order. Possession of a firearm while this Protection Order is in effect or following a conviction for a misdemeanor crime of Domestic Violence, may constitute a Felony under Federal Law, 18 U.S.C. §922(g)(8) and (g)(9). Firearm and ammunition relinquishment must be in accordance with §18-1-1001(9)(b), C.R.S. Failure to comply with the order to relinquish may result in an arrest warrant. knowingly violated this Order. you to fines of up to $5,000.00 and up to 18 months in jail. A violation will also constitute contempt of court. NOTICE TO LAW ENFORCEMENT OFFICERS You shall use every reasonable means to enforce this Protection Order. You shall arrest, or take into custody, or if an arrest would be impractical under the circumstances, seek a warrant for the arrest of the Defendant when you have information amounting to probable cause that the Defendant has violated or attempted to violate any provisions of this Order and the Defendant has been properly served with a copy of this Order or has received actual notice of the existence of this Order. You shall enforce this Order even if there is no record of it in the Protection Order Central Registry. You shall take the Defendant to the nearest jail or detention facility utilized by your agency. You are authorized to use every reasonable effort to protect the Protected Parties to prevent further violence. You may transport, or arrange transportation to a shelter for the Protected Parties. NOTICE TO PROTECTED PERSON You may request the prosecuting attorney to initiate contempt proceedings against the Defendant. JDF 440 R7/2015 MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S. © 2013, 2014, 2015 Colorado Judicial Department for use in the Courts of Colorado Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com