Ryan Kalamaya explains the mandatory protection order that the courts place on defendants in cases of domestic violence and how that differs from a civil protection order.
Step by Step Colorado Divorce Guide
The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting.
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Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.
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Ryan Kalamaya (1s):
Welcome to divorce at altitude, a podcast on Colorado family law. I'm Ryan calamansi each week, along with my business partner and cohost Amy Gosha or an expert, we discuss a particular topic related divorce, or co-parenting in Colorado. In addition, we have created a short series of lessons that will take you through the legal process of divorce and answer your questions from simple to complex divorce. Isn't easy. The end of a marriage, especially when children are involved, brings a great deal of loss and change. We hope these practical tips and insights will help you on your journey to a new and better life.
Ryan Kalamaya (43s):
You got in an argument Last night with your significant other and things got heated. The police were called. Someone went to jail. What happens now? Well, there's a couple of things that you need to understand about criminal protection orders and they are different from civil protection orders. If you're looking for information on civil protection orders, see our other video explaining that process. So in Colorado, you need to understand that criminal domestic violence is not actually a separate charge. Instead, it's a sentence enhancer. And what the person will be charged with is assault, stalking harassment, child abuse, sex abuse, a menacing criminal mischief, any one of those separate criminal offenses.
Ryan Kalamaya (1m 24s):
And if there's an intimate relationship or in the past or current, then there'll be a sentence enhancer. And under law, there will be a mandatory protection order. So the person that is the defendant will be arrested and then they will be taken oftentimes to jail and then advised by the judge of a mandatory protection order. That mandatory protection order can be modified. There's a process. Most district attorneys or prosecutors will have a victim coordinator, but it can be very tricky and it can be very time consuming. And there will oftentimes be a prosecutor that is weighing in on whether or not the protection order should or should not be modified. Now I will tell you, as a former prosecutor, myself, sometimes these prosecutors will not understand that children are involved or that someone may have called the police inadvertently, and they weren't intending for someone to go to jail.
Ryan Kalamaya (2m 15s):
In any event, the defendant is not allowed to communicate with the alleged victim, the protected party. Now it doesn't go two ways. So the person is protected. They can reach out and they can communicate with the defendant. But if the defendant is prohibited from contacting the other from the victim, then they can go to jail for violation of a protection order. So how do you get around this? Or how do you deal with this if you're going through a divorce? Well, first of all, a divorce attorney or a criminal defense attorney can be an intermediary and they can also, they know the mechanism by which to obtain some sort of modification. And that modification might look like while the parties can text or they can email about a parenting exchanges or a business.
Ryan Kalamaya (3m 2s):
If they run a business together, they can also seek some sort of modification that allows for exchanges for parenting or custody exchanges. But the thing you need to understand is that the judge in the criminal case is often going to be a different judge that would be involved in a divorce. And there's also, as I mentioned before, a prosecutor that could be involved. So how long does this all last? Well, it depends during the duration of the case, if there is no sort of modification, then it will last as long as the criminal case lasts the person pleads guilty, then they will have to do domestic violence classes. There is an evaluation and a whole process that goes along with that.
Ryan Kalamaya (3m 46s):
And the production order can last for as long as the probation period or person is put in jail. As I mentioned earlier in the civil protection order, the same process by which defendant can obtain a civil standby exists. So if the mandatory protection order prohibits someone from going back to the marital residence, then that the defendant can go with a sheriff, accompanying them or a police officer and obtain their toothbrush, their clothes, their necessities, and get those via civils. Bye. Thanks for listening or watching this short lesson on the divorce Alps two podcast. If you found this helpful, please leave a review or share with a friend.
Ryan Kalamaya (4m 25s):
It does help for others that are going through or thinking about a divorce in Colorado. If you want to find out more information, please visit california.law or email@example.com. And that's K a L a M a Y a.law. Remember, this is educational information. It's not intended to be legal advice. Please consult with an attorney about the particulars of your case. We're happy to answer questions. Feel free to give us a call at (970) 315-2365.