Violating a restraining order in Colorado can have serious legal consequences, so it’s important to understand what you’re up against if you’re accused of such an offense. From potential jail time to fines and a mark on your criminal record, the stakes are high.
Seasoned Denver criminal defense lawyer Jeff Weeden is here to explain what happens if you violate a restraining order in Colorado and how he can help if you’ve been accused of this crime. If you’ve been charged with violating a protection order, call Weeden Law today at (720) 307-4330 to schedule a free consultation.
Types of Restraining Orders in Colorado
In Colorado, restraining orders (also known as protection orders) are critical legal tools used to help protect individuals from continued harm or harassment. While often associated with domestic violence cases, protection orders cover a broad range of circumstances and are tailored to meet specific protective needs. Below, we’ll explore the different types of restraining orders in detail, providing clarity on the legal protections available under Colorado law.
Civil Protection Order
A civil protection order is a legal injunction issued by a court to protect an alleged victim from being harassed, threatened, stalked, or physically harmed by another person.
In Denver and throughout Colorado, civil protection orders are commonly sought in cases involving domestic violence, stalking, or ongoing harassment. The civil protection order restricts the accused person’s ability to come near or contact the protected party.
A civil protection order violation can result in criminal charges, which is why it’s crucial for those accused to secure legal representation from an experienced Colorado protection order attorney like Jeff Weeden.
Criminal Protection Order
Criminal protection orders, on the other hand, are issued by a criminal court judge to protect an alleged victim or witness of a criminal offense from further harm or harassment by the accused. This protective order is typically established during legal proceedings and remains effective throughout the criminal case.
A criminal protection order prohibits the accused from contacting, threatening, or physically approaching the protected person. Violating a criminal protection order can also lead to additional criminal charges and penalties.
Mandatory Protection Order vs. No-Contact Order
In Colorado, mandatory protection orders (or MPOs) are automatically issued in criminal cases to protect the alleged victims by restricting the behavior of the accused. These protection orders often include provisions like no contact with the alleged victim and refraining from possession of firearms.
On the other hand, a no-contact order is more specific and can be issued in both criminal and civil contexts. This court order strictly prohibits any form of direct or indirect communication between the accused and the protected individual (and potentially the protected individual’s family members).
While both protective orders work to protect individuals from potential harm, the mandatory protection order is broader and applies automatically in criminal proceedings, whereas a no-contact order is requested specifically to prevent any interaction between the involved parties. However, though there are some differences between the terms, protection orders, no-contact orders, and restraining orders in Colorado are often used to refer to the same thing.
How Long Do Restraining Orders Last?
In Colorado, the lifespan of restraining orders varies by type (i.e., mandatory, permanent, and temporary order), each designed to address different levels of urgency and risk.
In criminal cases, a mandatory protection order is automatically put in place once a defendant is charged. This order remains effective from the defendant’s initial court appearance through to the final resolution of the case, including any probationary period.
A temporary protection order provides short-term protection. It is issued after a brief court hearing and typically remains in effect for 14 days or until the court decides on a more permanent solution.
Permanent restraining orders, established after a detailed court hearing where both parties can present evidence, can last indefinitely. However, they are often reviewed and can be modified or extended based on ongoing risk assessments.
How Are No-Contact Orders Monitored?
No-contact orders are monitored and enforced primarily through the legal system. Once issued by the court, compliance with these protection orders is mandatory. A protective order violation is taken seriously and can lead to immediate legal consequences, including arrest and potential criminal charges.
Law enforcement officers enforce no-contact orders by responding to reports of protection order violations, which can be reported by the protected party or observed by an officer. In some cases, electronic monitoring technologies may be used to ensure that the restrained person does not violate the stipulated boundaries.
What Happens If Someone Violates a Restraining Order?
Violating a Colorado restraining order is considered a serious criminal offense. The immediate response usually involves the violator’s arrest. Following an arrest, the offender may face criminal charges, which could result in penalties such as fines, jail time, or both.
Additionally, Colorado protective order violations can lead to extensions or modifications to the court order if a judge determines it is necessary to continue protecting the alleged victim from actual or threatened violence.
How Does the Court Know if a No Contact Order is Violated?
Enforcing a no-contact order relies on active monitoring and reporting. If a no-contact order is violated, the court usually learns of the breach through a report filed by the protected party or a law enforcement agency that learned of the violation of the protection order.
Upon a reported or observed violation of a protection order, law enforcement is responsible for investigating the incident, including gathering evidence such as messages, witness statements, or video footage. This information is then presented to the court to determine the appropriate legal action against the accused.
How Much Jail Time for Violating an Order of Protection?
Under CRS § 18-6-803.5, violating a protection order in Colorado, whether civil or criminal, is generally considered a misdemeanor.
When it comes to violations of a criminal protection order, a first offense is automatically treated as a class 1 misdemeanor, punishable by up to 18 months in jail and fines up to $5,000. Further violations of criminal protection orders are classified as extraordinary risk offenses, with penalties that can include up to two years in jail and fines up to $5,000.
If you’ve been accused of protection order violations, seeking experienced legal representation is crucial. Contact a Denver misdemeanor lawyer at Weeden Law today to protect your rights and achieve the best possible outcome in your criminal case.
Penalties for Civil Protection Order Violation
If a civil protection order is violated, the first offense is classified as a class 2 misdemeanor, carrying potential penalties of up to one year in jail and fines up to $1,000. Any repeat offenses are elevated to a class 1 misdemeanor and are considered an extraordinary risk offense, which brings harsher penalties due to the increased threat to public safety. As such, violating a second or subsequent civil restraining order can lead to up to two years in jail and fines as high as $5,000.
Can the Victim Get in Trouble for Violating a No Contact Order?
Although a protective order is specifically designed to limit the defendant’s actions, the victim’s involvement in a violation is not taken into account, even in situations involving mutual abuse. In other words, if the alleged victim reaches out to the defendant and the defendant responds, it is the defendant who may be charged with breaching the order, as the court does not recognize a defense based on the victim initiating contact.
How to Beat a False Restraining Order
In some cases, restraining orders can be unjustly issued, particularly if they are based on false allegations or misunderstandings. If a defendant believes the order was granted under false pretenses, they have the right to challenge it in court by presenting evidence and testimony that refutes the claims.
Similarly, if a defendant feels that an alleged violation of a protection order was not warranted, they should immediately consult with a criminal defense attorney to contest the charge and gather any evidence that supports their innocence. Experienced legal representation is essential in both scenarios to protect the defendant’s rights and seek a fair resolution.
If you’ve been served a restraining order or are accused of violating a restraining order that you believe is unjustly imposed, don’t wait to secure your defense. Call Weeden Law today at (720) 307-4330 to schedule a free consultation with Denver criminal defense lawyer Jeff Weeden. You can also send an email to jlweeden@weedenlaw.com or reach out online today.
