What Happens if You Violate a Protection Order
Violating a protection order is a crime. And violating a protection order in Colorado can result in many negative consequences. Being found to be in violation of a protection order in Colorado doesn’t require you to have made disallowed contact with a protected party. Violating any portion of a protection order is the same as accosting the person with the protection order. For instance, possessing or consuming alcohol could violate your order.
So when you’re accused of violating a protection order, you face even more legal trouble.
I’m not going to lie, if you’re found to be in violation of a protection order in Colorado, the outlook may not be good. Knowing a protection order’s limits is the best method of defense. The following is what happens when or if you violate a protection order.
You Get Charged With Another Crime
When you’re accused of violation of a protection order in Colorado, you can count on getting charged with another crime.
Not only can you be held in contempt of court, you can be prosecuted and charged with either a Class 1 or 2 misdemeanor. C.R.S. 13-14-107(1) ; C.R.S. 18-6-803.5
Generally, an alleged violation of a protection order is a Class 2 misdemeanor. However, this is not always the case. To be charged with a Class 1 misdemeanor for violating a protection order in Colorado, the alleged violation must fall under one of the following circumstances:
- If you have previously been convicted of violating a protection order;
- If the protection order you allegedly violated was issued under C.R.S. 18-1-1001 (that is, a protection order in a criminal matter);
- If the protection order included an allegation you were stalking or there was an intimate relationship between you and the other party, your offense is also automatically upgraded.
In Colorado, a Class 1 misdemeanor may result in the following punishment:
- Sentence – Up to 364 days in jail and/or up to $1,000 in fines.
In Colorado, you face the following sentences for a Class 2 misdemeanor:
- Sentence – Up to 120 days in jail and/or up to $750 in fines.
You Violate the Conditions of Your Bond
If you are on bond for pending criminal charges, one of the standard conditions is that you are not to commit a new criminal offense. As previously discussed, the alleged violation of a protection order constitutes a “new criminal offense” for the purposes of bond. Further, another standard condition of bond is that you need to comply with all orders of the Court. This includes any protection orders you may have existing against you.
As such, when an allegation is made that you have violated a protection order, the prosecution can seek the revocation of your bond. Further, a criminal court may revoke your bond and issue a warrant for your arrest. If an arrest warrant is issued, the court may set a new bond for you in your case, but it depends on the case’s circumstances and alleged violation.
Defending a Violation of a Protection Order in Colorado
Your defense will depend on the evidence and facts. An acquittal is easier to obtain if there are no eyewitnesses and little evidence a violation occurred. However, if there is evidence, your criminal defense attorney will work to have it suppressed. Your attorney will also look for flaws in the documents when the protection order was initially filed.
As you can see, each defense is unique to the facts of the case. If you’re accused of a protection order violation, you’ll want a criminal defense attorney who has successfully defended these cases.
Unintentional Violations
Some of our clients have unintentionally violated their protection orders. It happens. The good news is the Court of Appeals of Colorado has found that unintentional, incidental contact that is unavoidable is insufficient by itself to establish a violation. Knowing what’s included in your protection order is the best way to protect yourself from further legal woes.
The court will have trouble denying compliance if you refrain from taking the following actions:
- Contacting the protected party
- Using a third party to contact the protected party
- Harassing the protected party
- Injuring the protected party
- Intimidating the protected party
- Threatening the protected party
- Violating any other provision that’s listed in the protective order
Get Help With Your Protection Order Violation Charge
If you have been accused of violating a protection order, it’s important to consult a criminal defense attorney about your legal options. Call 303-688-0944 to begin a case assessment.
