Colorado Springs Criminal Lawyer Blog

The Gasper Law Group, PLLC

So, something happened, and there is now either a criminal protection order or a civil protection order that mandates you have no contact with the opposing party or alleged victim of a criminal charge. You know you are not allowed to contact him or her. But then you receive that text message. It’s innocent enough. The text asks something like “did you remember to mail the check for the utilities?” Or it says that she’s “really, really sorry, can we just talk about it?” And the temptation begins. You know you are not allowed to contact her—the judge said so. But, she contacted you first. It’s okay to just respond as long as you didn’t initiate the contact, right? Wrong.

The above scenario is one we see often in our practice. The message might seem legitimate, earnestly requesting information that your significant other needs. Or it might seem like an attempt to reconcile. Or it might be some nasty and hurtful comment. Truthfully, it doesn’t matter what it is. You cannot respond. Avoid the urge. Take a cold shower. Leave your phone at home and take a walk around the neighborhood. Wash your car while singing the theme to Scooby Doo. Do anything--but DO NOT respond!

Continue reading "No contact means No Contact: SHE TEXTED ME FIRST!" »

By THE GASPER LAW GROUP

Oftentimes, family clients will come in with not just a divorce proceeding, but with a restraining order and domestic violence charge. It seems one case goes hand in hand with the other. Other times, the divorcing parties are getting along so well that there is no need for the “packaged deal.” But when one partner gets out of hand, all of the issues boil over and the results are three cases rather than one. In order to better illustrate these issues, we will use the example of Brian and Jane.

This boil over usually starts when one partner becomes physically violent, or just refuses to accept the relationship is over. That partner, Brian as we will call him, is then arrested for domestic violence against the other, Jane as we will call her. When Brian, now called a defendant, appears for his arraignment, usually one business day after the occurrence, the Magistrate will issue a “No Contact Order.” This criminal “No Contact Order” prohibits contact between Brian and Jane for a period of 72 hours. The Court will also issue a criminal restraining order, which prohibits Brian from harassing, molesting or intimidating Jane throughout the course of the criminal proceeding. This continues even after a plea has been entered and throughout the period of deferred sentence or probation.

However, Jane may still feel uneasy about having only a criminal restraining order. That is when Jane obtains a civil protective order. This is the type of restraining order most people are familiar. Jane requests a restraining order through the court, and is generally granted a Temporary Protection Order. The Court then sets the matter for a hearing to determine whether the Order will become Permanent.

Continue reading "Divorce and Crime - A Package Deal" »