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Violation of Protective Order

A domestic violence charge triggers a mandatory protection order as required by CRS 18-6-803.7. During the time that the order is in effect, the defendant may not have alcohol and must avoid all contact with the accuser.

A violation of the order of protection can be charged as a separate misdemeanor under CRS 18-6-803.5. The crime is punishable by up to 18 months in jail and a $5,000 fine. Often, an alleged victim fabricates a protection order violation in order to have someone arrested. The police are required to arrest you if such an allegation is made. Judges are also likely to impose a high bond to keep you in jail.

If you have been charged with a violation of a protection order, you need a criminal defense attorney who has successfully defended clients against this type of charge.

Denver Restraining Order Defense Lawyer, CO

After an allegation of violating a protection order, you need a top attorney to fight these allegations and get you out of jail. A skilled lawyer can persuade a district attorney to dismiss the case if you have an alibi or if they can show the complainant has a motive to lie.

If you are accused of violating a protection order, contact Law Office of Matthew A. Martin, P.C. immediately. This is not the type of crime where you should enlist the help from your former divorce attorney. You need representation from a criminal defense lawyer with over 28 years of experience on both the prosecutor and defense side.

You can reach Law Office of Matthew A. Martin, P.C. at (303) 725-0017 to set up your first consultation today. Law Office of Matthew A. Martin, P.C. accepts clients throughout Denver including Jefferson County, Broomfield County, Adams County, Boulder County, Arapahoe County and Douglas County.

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What Does a Protective Order Do in Colorado?

The function of a domestic violence protective order will depend on what type it is. Colorado has two types of restraining orders for domestic violence matters: civil protection orders and criminal protection orders. Petitions filed by the alleged victim are known as civil protection orders. The accuser must complete a JDF 402 Verified Complain/Motion for a Civil Protection Order and all the necessary forms associated with it.

The alleged victim will then attend an ex parte hearing where the defendant is not present.  If the judge determines there is enough evidence that the petitioner is in imminent danger, then they will issue a temporary protection order.

In contrast, a criminal protection order is mandatory when:

  • The person was arrested for a crime (other than a vehicle offense); and
  • Law enforcement has reason to suspect the person was using actual or threatened violence to punish, control, or coerce their intimate partner

So, for a criminal protection order to be a valid the defendant has to be arrested. From there, a criminal court judge will be required to issue a criminal protection order. The order must be put in place even if it’s against the victim’s wishes or they change their mind.

Criminal protection orders prohibit contact between two parties to prevent any future harm. The purpose of the order is to protect the alleged victim from the “adverse party” also known as the defendant. They are often issued after a domestic abuse situation such as:

The actual conditions in the court order are unique to each case. However, most criminal protection orders have the following conditions:

  • Avoid all contact with the plaintiff including in person, over mail, text, phone call, email, or social media
  • Stay clear of certain locations where the victim may visit such as their home, workplace, vehicle, children’s schools, etc.
  • Surrender custody temporarily of any shared children or pets with the victim
  • Prohibited from transferring or selling specific assets listed in the order
  • Give up possession of any firearms
  • Refrain from consuming alcohol or controlled substances
  • Anything else the judge deems necessary to keep the victim safe.

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What Happens If Someone Violates a Protective Order in Colorado?

The penalties for a protective order violation will depend on how many prior convictions you have as well as the type of restraining order. Violating a civil protection order for the first time is a class 2 misdemeanor, which is punishable by:

  • Up to 12 months in jail
  • A fine of up to $1,000

Any subsequent offense past that is a class 1 misdemeanor as well as an extraordinary risk crime. Essentially, this means your maximum sentencing will be increased significantly since the crime is considered to be a substantial risk to society. A second or subsequent violation of a civil protection order is a class 1 misdemeanor resulting in:

  • Up to 24 months in jail
  • A fine of up to $5,000

Criminal protection orders have longer sentencing maximums. The penalties for the crime also will still hold even if the defendant is ultimately found innocent of the original domestic violence offense. Violation of a criminal protection order for the first time is a class 1 misdemeanor. The maximum sentence you can receive is:

  • Up to 18 months in jail
  • A fine of up to $5,000

Any subsequent offense is an extraordinary risk class 1 misdemeanor. The defendant will face the following if convicted:

  • Up to 24 months in jail
  • A fine of up to $5,000

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Additional Resources

Protection Order Laws | Colorado Revised Statutes – Visit the official website for the Colorado Revised Statutes to learn more about protection orders both criminal and civil. Access the site to see the process of issuing a protection order, penalties for violating it, and other information.

Jury Instructions for Protection Order Violations – Visit the official website for the Colorado Courts to read up on their jury instructions for protection order violations. Access the site to read the actual document the jurors will have to determine the verdict.

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Denver Attorney for Violations of a Protective Order

If you were served with a petition for an order of protection or accused of violating the injunction, then contact an experienced attorney in Denver, CO.

Matthew Martin represents clients on charges for domestic violence throughout the state of Colorado, including the city of Denver and the surrounding areas in the Front Range region including:

    • Brighton in Adams County
    • Centennial and Littleton in Arapahoe County
    • Boulder and Longmont in Boulder County
    • Broomfield in Broomfield County
    • Castle Rock in Douglas County
    • Golden in Jefferson County

During the initial consultation, you can discuss your case with attorney Matthew Martin. Call Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 to set up your first consultation at no cost to you.

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