In all Domestic Violence cases (along with some other types of cases), a mandatory protection order is entered when a person is arrested and charged with a crime. This protection order stays in place until the case is dismissed, the person is found not guilty at trial, or the person finishes serving their sentence after pleading guilty or being found guilty at trial. So, if a person was sentenced to 12 months of probation for Harassment as an act of Domestic Violence, the protection order will stay in place until the probation term has ended. Once the sentence is complete, then the judge vacates the protection order and there are no restrictions regarding contact with anyone previously listed on the order. Some protection orders also include restrictions on where a person can be or restricts them from drinking alcohol. Once the order is vacated, these restrictions are lifted as well. Recently, I saw an article about the Mesa County Chief Judge being named in a federal law suit because of a protection order issue. According to the article, the Chief Judge, along with the other judges in the county, are not vacating these protections order after the sentence is served. People have been arrested and charged with Violation of a Protection Order, even though they were under the impression there wasn’t an active protection order anymore. The article states that the position of the judge is that people should notify the court when they have completed their sentence and request the order be vacated. Interestingly, this is not what any other county does and I think it’s great that someone is calling out this practice to bring about change.
Protection Order Violation in Larimer County: Definition of Crime of Violation of Protection Order
The Larimer County, Colorado law definition of Crime of Violation of a Protection Order – 18-6-803.5 – is:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order;
(b) Except as permitted pursuant to section 18-13-126 (1)(b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person; or
(c) Violates a civil protection order issued pursuant to section 13-14-105.5, C.R.S., or pursuant to section 18-1-1001 (9) by:
(I) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
(II) Failing to timely file a receipt or written statement with the court as described in section 13-14-105.5 (9), C.R.S., or in section 18-1-1001 (9)(i) or 18-6-801 (8)(I).
Part (a) is the most common subsection this crime is charged under. It basically covers any type of action that could be considered a violation, like contacting a protected person, being in a restricted location, or violating any other terms of the order.
Sentence for Crime of Violation a Protection Order in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, Violating a Protection Order is a class 2 misdemeanor. It can, however, be charged as a class 1 misdemeanor if it is a second or subsequent offense.