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

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of the issues was expressly denied in 19-3-310.5 (II) for cases where domestic violence is charged but that section was repealed effective July 1, 1999.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 Federal 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 minimum 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.


Denver Colorado Restraining Order Attorney,