protection order
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Appeals court clarifies defendant need not prove relationship with own children to modify restraining order
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Colorado’s second-highest court clarified on Thursday that a defendant did not need to demonstrate the nature of his relationship with his biological children in order to argue that a no-contact order infringed on his constitutional rights. Last year, the Colorado Supreme Court issued a decision in Salah v. People, addressing what should happen when a convicted sex offender…
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Appeals court clarifies standards for no-contact orders involving children
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Colorado’s second-highest court clarified last month that judges need to account for certain factors when deciding whether to loosen a defendant’s no-contact order against a child, and an El Paso County judge did not consider the proper criteria when refusing to modify the restrictions. Under state law, judges impose protection orders, also known as restraining…
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Douglas County judge wrongly let man represent self at trial, appeals court finds
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A Douglas County judge failed to ensure a defendant understood the charges against him and the consequences of proceeding without a lawyer before she allowed him to represent himself at trial, Colorado’s second-highest court ruled on Thursday. Criminal defendants may give up their constitutional right to counsel, but the decision must be voluntary, intelligent and…
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Federal judge dismisses Colorado Springs man’s challenge to 3 state gun laws
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A federal judge last week dismissed a Colorado Springs man’s lawsuit that sought to declare multiple gun safety laws unconstitutional in the wake of a recent U.S. Supreme Court decision expanding gun rights. Delbert Elmer Sgaggio Jr. sued to halt enforcement of Colorado’s law prohibiting those who are subject to protection orders, also known as…
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Gilpin County judge who kicked out defendant’s family committed public trial violation, court finds
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A Gilpin County judge who ejected the defendant’s family and other observers from his courtroom and told them to watch the livestream from elsewhere in the courthouse violated the defendant’s constitutional right to a public trial, Colorado’s second-highest court ruled last week. Michelle Re Nae Bialas was on trial for the second time when some…
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East High School student testifies on gun bills hours after school shooting
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Alexander Cisneros spent Wednesday morning in lockdown after one of his classmates at East High School allegedly shot two faculty members. Seven hours later, he spent the evening advocating for gun safety in front of the Colorado legislature. Just before 10 a.m., a 17-year-old student shot and wounded two deans at East High School in Denver during…
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10th Circuit reinstates Denver attorney’s challenge to protection order law
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A Denver attorney will be able to challenge the constitutionality of Colorado’s law governing civil protection orders, which shield protected parties from stalking and harassment, the federal appeals court based in Denver ruled on Wednesday. Regina T. Drexler became subject to a permanent protection order in 2015 after a judge believed it was necessary to…
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Federal judge denies immunity to Arvada officer in wrongful arrest lawsuit
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An Arvada police officer may be held liable for the unlawful arrest and malicious prosecution of a man after a federal judge determined her alleged actions, if true, would amount to a clear constitutional violation. Officer Samantha Zehner obtained an arrest warrant for Michael Lehmann in December 2019, and he was arrested for the offense…
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Appeals court reverses convictions after El Paso judge denied fair trial to defendant
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An El Paso County judge misapplied the law and allowed harmful information to be heard at the defendant’s trial, Colorado’s second-highest court concluded last week in reversing the convictions of Israel Santillan Lopez. Further, the prosecution acknowledged Lopez was correct that District Court Judge Marcus Henson also omitted a key element of the crime of felony…
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Republican candidate for state House seat found guilty in violation of protection order
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The only Republican candidate for House District 21, Karl Dent, was found guilty Wednesday of violating a civil protection order restraining him from having contact with a former girlfriend. The jury of six found Dent not guilty of violating a criminal protection order based on the same incident. The civil protection order prevents Dent from…
