As a licensed nurse working in Colorado, you understand that you have important obligations when it comes to providing quality care to patients, meeting standards set by the Board of Nursing, and avoiding situations that could result in you facing disciplinary actions that could jeopardize your ability to practice. But what can happen to your license if you face criminal charges of domestic violence or if a protection order is issued against you?
Generally speaking, criminal charges do not need to be reported to the BON, though criminal convictions and pleas do. Similarly, the fact that a court has issued a protection order against you is generally not something the BON needs to hear about from you. That said, there are still situations where either criminal charges or protection orders may form the basis for a BON disciplinary investigation. If you're facing such an investigation or disciplinary proceeding or have questions about your obligation to disclose a conviction to the BON, the Lento Law Firm's Professional License Defense Team can help. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys to learn how we can help you.
Domestic Violence in Colorado
Colorado does not have a separate crime of domestic violence. Instead, it can classify a crime as an “act of domestic violence” if the actions of the defendant meet certain criteria. Once a crime is designated an “act of domestic violence,” there are additional things the court can order the defendant to do if the defendant is convicted.
Colorado law permits a court to take the following steps if a defendant is found or pleads guilty to an “act of domestic violence.”
- Require the defendant to undergo a “treatment evaluation” at their cost to determine whether they would benefit from a treatment program
- Where appropriate, order the defendant to enroll in and complete a treatment program
- Depending on the crime, order the defendant to give up (and not to possess) any firearm or ammunition
“Domestic violence” has a specific definition in Colorado law. It means
- An act or a threatened act of violence
- Against a person that the defendant is or was in an “intimate relationship” with or
Or
- Any other crime or “municipal ordinance violation”
- Against a person or property or an animal
- When the crime is used to coerce, control, punish, intimidate, or exact revenge on a person
- When the victim and the defendant are or were in an “intimate relationship”
The term “intimate relationship” is also defined by statute. It means a relationship between
- Spouses or former spouses
- Past or present unmarried couples
- People who are both the parents of the same child (whether or not the couple ever lived together)
With such a broad definition of “domestic violence,” it's easy to see that many crimes can be classified as domestic violence crimes if the relationship between the defendant and the alleged victim meets the terms.
When it comes to your obligations as a licensed nurse in Colorado, however, you do not need to report criminal charges to the BON. You only need to report convictions, guilty pleas, and “nolo contendere” (no contest) pleas. Reports must be made within 30 days of the conviction or plea, and should include, at a minimum, the name and location of the court; the case name and index number; a “description of the matter” or a copy of the indictment; and the terms of any sentence imposed as a result of the conviction or plea.
If you have questions about whether or how you should report pending criminal charges or criminal convictions to the Colorado BON, the Lento Law Firm's Professional License Defense Team can help. We understand Colorado's Nurse Practice Act as well as the regulations, rules, and policies that apply to licensed nurses in Colorado. We can help you understand when a report needs to be filed and can make sure any report that is filed includes the necessary information, as well as any other information that we believe may help the BON when it determines whether to initiate disciplinary proceedings as a result.
Protection Orders in Colorado
Protection orders are court orders that direct someone to stop having contact with another person. There are two types of protection orders in Colorado: criminal and civil.
A criminal protection order is essentially automatic in Colorado criminal cases and is known as a mandatory protection order, or MPO. It typically directs the defendant in a criminal case not to contact, harass, bother, intimidate, or retaliate against the victim and witnesses. The MPO can also extend to members of the victim's family. It's important to understand that an MPO is not a criminal conviction and does not need to be reported to the BON. It's an order issued by the judge in a criminal case and does not come with any criminal consequences.
A civil protection order in Colorado is issued from a court based on a petition filed by someone who is requesting the order. This type of protection order can similarly direct the person named in the order not to contact the person requesting the order as well as others named in the order.
The standard that courts use to determine whether a civil protection order should be issued is lower than the standard used to find someone guilty of a crime. A civil protection order can be issued if the judge determines by a “preponderance of the evidence” that the evidence supports the order. That is a significantly lower standard than the “beyond a reasonable doubt” standard that must be met in criminal cases to find a defendant guilty of a crime.
Having a protection order entered against you can significantly disrupt your life. In addition to prohibiting you from contacting the person who requested the order, you can also be ordered:
- Not to contact certain other individuals, such as family members (including your own children)
- To leave your home – stop living there – in cases where there has been a showing that “physical or emotional harm” could result if you are allowed to remain
- To stay away from the petitioner's workplace or school
- Not to take or have contact with the petitioner's pet or pets
- To continue to make rent, mortgage, transportation, medical care, child care, and other payments where you have a prior duty to make those payments – even if you are prohibited from living in your home
The court also has the power to grant “such other relief as the court deems appropriate.”
While civil protective orders are not criminal cases, if you violate a civil protective order, you can be convicted of a class 2 misdemeanor or, depending on the circumstances, a class 1 misdemeanor. It's important to understand that you can be prosecuted for violating a civil protective order even if the person who requested the order says it is okay for you to do something that the order forbids you from doing.
For example, the protective order may prohibit you from having unsupervised contact with your children. If your spouse or former spouse requested the protective order and has custody, they may tell you that it's okay for you to take them for a day. That is a dangerous situation because if the court learns that you did so, you could be prosecuted for violating the terms of the order. It is much better to ask the court to modify the protective order – particularly if the petitioner will agree to it – so that you can visit with the children from time to time. The court will review the request and may or may not grant it. But you won't be running the risk of being prosecuted for disobeying the order.
Abuse Allegations, Protection Orders, and Your Nursing License
As noted above, a licensed nurse in Colorado does not need to report criminal charges or protective orders to the BON – even those that accuse the nurse of domestic violence. Only criminal convictions need to be reported.
That doesn't mean, however, that if you are facing criminal charges for domestic violence or other crimes or if a petition for a protection order is filed against you, the BON will not hear about the allegations.
Anyone in Colorado can file a misconduct complaint against a licensed nurse. The state's Department of Regulatory Agencies maintains a website for complaints against a wide range of licensed professionals, including nurses. Complaints can be filed online or by using a paper form. Once the complaint is received, it will be reviewed to determine whether it alleges the type of violation that the BON will discipline for.
If the BON believes that the complaint may relate to the kind of conduct that it will discipline a nurse for, it may open an investigation, which will typically be conducted by the Office of Investigations. You will receive a copy of the complaint and will likely be interviewed by the investigator. You may be asked to provide certain records or documentation. When the investigation is complete, the BON will then decide what, if any, action to take against you.
Another way your case may be brought to the attention of the BON is if it results in a conviction, guilty plea, or nolo contendere plea. In these cases, you will generally have to report it to the BON within 30 days. If you fail to do so, you can be disciplined for that failure just as you can be for any other violation of nursing standards and practices.
It is very important when deciding how to resolve your criminal case to keep in mind that your nursing license can be affected by the outcome. Make sure your criminal lawyer is aware of your nursing license, and contact the Lento Law Firm's Professional License Defense Team before you resolve your case with any type of plea agreement so that we can advise you how that resolution may impact your Colorado nursing license.
The Lento Law Firm can also help when it comes time to disclose any conviction to the BON. We will not only prepare the required documentation but can also review your case with the BON and, where appropriate, advocate to protect your license.
The Lento Law Firm Can Help Protect Your Nursing License in Colorado
If you are a licensed nurse in Colorado and are facing any criminal charges – whether or not for an “act of domestic violence” – or if someone has filed a petition against you asking for a protection order, contact the Lento Law Firm's Professional License Defense Team. Even though you may not be required to report the allegations made against you in either type of case to the BON, it's important to understand what your reporting obligations are and when they apply.
Our attorneys regularly defend licensed professionals, including nurses, in disciplinary proceedings in Colorado and in other states. We also understand how decisions you make in a criminal case can have an impact on your nursing license and can advise you so that you don't inadvertently risk your license due to pleas or admissions you make in your criminal case. And if the BON opens a disciplinary investigation or files charges against you for any reason – including based on criminal allegations or those made in a protection order petition – we are ready to defend you from day one.
Contact the Lento Law Firm's Professional License Defense Team today if you've been charged with a crime, including one involving an act of domestic violence, or if a petition for a protection order has been filed against you. We can help you protect your nursing license as you deal with the allegations, and we will fight for your rights and your ability to continue practicing your profession. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Your nursing license is probably your most valuable professional asset – let us help you protect it!
