Violation Of A Protection Order
Violation Of Colorado Criminal And Civil Protection Orders, C.R.S. 18-6-803.5
The crime of violating a protection order in Colorado has severe consequences, including mandatory arrest. And, this law is written broadly to allow virtually anything to be considered a criminal act. Civil protection orders (C.R.S. 13-14-102) in Arapahoe, Douglas, and Denver County are issued to persons who apply to a court and allege imminent harm resulting from another person harassing, stalking, assaulting or threatening them. However, the law is very specific and not every form of harassing contact is supposed to result in the issuance of a protection order. On the other hand, criminal mandatory protection/restraining orders (C.R.S. 18-1-1001) are automatically issued in every criminal case filed in Colorado courts.
One Key Issue In Restraining And Protection Order Violations
When a person is accused of violating the order, it does not matter whether the protection order is criminal or civil in Jefferson, Adams and Boulder County. Usually, some type of contact is easy to establish and the only relevant issue is whether the accused knew that a protection or restraining order was in place restraining that accused from the other individual. A no-contact order has to be served on the other party in order to be in effect. Some situations exist where our client had no knowledge of any active restraining order. As a result, we can successfully defend a charge related to violating the order.
Possible Court Sentences For Order Violations
The punishment for violation of a protection order varies based on several factors, but any jail sentence must be consecutive to any other sentence in the case. Primarily, courts look at whether the defendant has any prior convictions for violating an order. If the person has no criminal history relating to civil or criminal protection order violations, then the charge will carry a maximum sentence of up to one year in jail and up to a $1,000 fine. Therefore, in most cases, a violation of a protection order is a class 2 misdemeanor in Weld, Larimer and El Paso County. If the person has a prior similar conviction, the punishment increases to up to two years in jail and up to a $5,000 fine, which is a class 1 misdemeanor.
Anyone charged with a restraining order or protection order violation needs to hire an attorney to fight the allegations of the government; it could mean the difference between a conviction or acquittal. A criminal defense lawyer in the Denver metro area will be familiar with punishments and possible defenses to a crime of violation of a protection order. Hiring the right legal counsel will help keep you out of jail. So, if you or a loved one has been charged with violating a restraining order, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.
