Violation of Protection / Restraining Orders is a little known crime in Colorado. The elements of the offense and the punishment upon conviction, may seem contrary to logic and inconsistent with other criminal laws in Denver, Douglas, and Arapahoe County. Domestic Violence Violation of a Protection / Restraining Order can be charged where two types of protection orders are in place: 1) civil protection orders under C.R.S. 13-14-102 and 2) criminal mandatory protection orders under C.R.S. 18-1-1001.
This Law Seems Contrary to Logic at Times
A criminal act involving a court order can occur in El Paso, Adams, and Jefferson County when contact is made with a protected party for a variety of reasons – some which seem perfectly just, like being in the interest of children. Sometimes, a person communicates with a protected party to apologize or to try and arrange marriage counseling. Another scenario could be when the restrained party (the person who has the protection order against them) tries to relay a message through a third party. These examples show how easy it is to violate the law unintentionally.
Severe Penalties for Innocent Conduct
When someone is arrested for Violation of a Protection / Restraining order in Boulder, Broomfield, or Clear Creek County, they will be charged with a Class 2 Misdemeanor or the more serious charge of a Class 1 Misdemeanor. The differentiating factor is whether the defendant has any prior violations of protection orders. If the person does, then the District Attorney will charge the offense as a Class 1 Misdemeanor. The maximum punishment for this law violation is up to two years in the county jail and up to a $5,000.00 fine. A first offense for Violation of a Restraining or Protection Order is up to one year in jail and up to a $1,000.00 dollar fine. When you or a loved one is facing charges that have the possibility of jail time as a sanction it is important to speak with a trustworthy criminal attorney immediately.
Violation of Bail Bond Conditions Can Also Be Charged
Many people charged with Violation of Protection / Restraining Orders are also charged with Violation of Bail Bond Conditions under C.R.S. 18-8-102. This happens because the government will make the Mandatory Protection Order a condition of your bond as well. So, if you violate the protection order, you will also be in violation of the bail bond conditions established by the court. This can result in being arrested for violating your bond and for the new crime involving the protection order.
So, if you or a loved one have been charged with Violation of Protection / Restraining Orders, be smart, exercise your right to remain silent, and contact us at 303-731-0719. Together, we can protect your future.