Denver, CO asked in Criminal Law and Domestic Violence for Colorado

Q: Can a criminal protective order against my son include me and his mom and prevent us from entering the house I own?

The order doesn't mention anybody else but my son, and neither me nor my wife were informed or served the document.

2 Lawyer Answers
John Kenneth Joyner
PREMIUM
John Kenneth Joyner
Answered
  • Criminal Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The protective order restrains whoever it is being enforced against. The restrained party has the obligation to make sure they do not come in contact with the protected parties, whoever they may be. If the protective order includes no contact and/or requires whoever the restrained party is be a certain distance away from the protected parties, then it is the obligation of the person who is restrained to stay away from those who are protected. If you need this order modified, you can request a hearing with the court and explain your situation and ask them to make whatever modifications are necessary. There is no guarantee they will grant a modification, but you can try.

If you need help navigating the process, you should consult an attorney.

Brian K. McHugh
Brian K. McHugh
Answered
  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: A protection order in a criminal case only restricts the Defendant.

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