Custody Violation Order Under C.R.S. 18-3-304 in Denver and Adams County
They are your kids, but if you take them from someone after a Denver judge orders them to be in another person’s custody, you can be charged with a felony. Colorado law and Adams County, do not care what the child wants or what you as their parent wants.
Jefferson County Violation of Custody Order: Definition Under C.R.S. 18-3-304
Our criminal defense attorneys advise you that in some circumstances, violation of a custody order issued by a judge can be considered a felony. Here is the definition of Violation of a Custody Order:
1. Any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child’s parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child commits a class 5 felony.”
2. “Any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony.”
2.5 “Any person who, in the course of committing the offenses described in subsections (1) and (2) of this section, removes a child under the age of eighteen years from this country commits a class 4 felony.”
Defense to Violation of Custody Order in Douglas County and Arapahoe County Courts
There is a narrow affirmative defense to Violation of Custody Order in Douglas and Arapahoe County, Colorado. This defense involves the person or parent believing their conduct was “necessary to preserve the child from danger to his welfare.” This is not a trump card. You must have proof the child was in real danger. A felony will result and you could go to prison if your emotions say the child is in danger but the facts do not. What is an Affirmative Defense?
Call our Violation of Custody Order attorneys at 303-731-0719, if you’ve been accused of this crime. Never give a statement to police. Together, we can protect your future.