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Mandatory Protection Order Pursuant To Section 18-1-1001, C.R.S. Form. This is a Colorado form and can be use in Protection Order Statewide.
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Tags: Mandatory Protection Order Pursuant To Section 18-1-1001, C.R.S., JDF 440, Colorado Statewide, Protection Order
Municipal Court
County Court
District Court
_________________________________________ County, Colorado
Court Address:
THE STATE OF COLORADO
v.
Defendant:
Address: _________________________________________
COURT USE ONLY
Case Number:
16 Character #: __________________________
_________________________________________
Division
Courtroom
MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S.
Full Name of Defendant
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., that it has jurisdiction over the
parties and the subject matter; that the Defendant was personally served and given reasonable notice and opportunity to be
heard; that the Defendant constitutes a credible threat to the life and health of the protected person(s); and sufficient cause
exists for the issuance of a Protection Order.
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:
1.
2.
3.
4.
5.
6.
Shall not harass, molest, intimidate, retaliate against, or tamper with any witness to or victim of the acts you are
charged with committing.
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.
Shall refrain from contacting or directly or indirectly communicating with the victim(s).
Shall not possess or control a firearm or other weapon.
Shall not possess or consume alcoholic beverages or controlled substances.
Is further ordered that:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
This Order remains in effect until final disposition or further order of Court. *
Date: __________________________________
______________________________________
Judge
Magistrate
By signing, I acknowledge receipt of this Order.
Date: __________________________________
______________________________________
Defendant
I certify that this is a true and complete copy of the original order.
Date: _________________________________
______________________________________
Clerk
PLEASE NOTE: IMPORTANT NOTICES FOR DEFENDANT AND LAW ENFORCEMENT OFFICIALS ON REVERSE.
*”Until final disposition of the action” means until the case is dismissed, until the Defendant is acquitted, or until the Defendant completes
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, as the case may be. (§18-1-1001(8)(b), C.R.S.)
JDF 440 R7/05
MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S.
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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 to fines of up to $5,000.00 and up to 18 months in jail. A violation
will also constitute contempt of court.
You may be arrested without notice if a law enforcement officer has probable cause to
believe that you have knowingly violated this order.
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 may constitute a Felony
under Federal Law, 18 U.S.C. §922(g)(8).
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 R7/05
MANDATORY PROTECTION ORDER PURSUANT TO §18-1-1001, C.R.S.
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