When a person is charged with a crime in Fort Collins and Larimer County, they are often put under many constraints while the case is pending. One common thing they are told is not allowed is consuming alcohol. Those required to check in with pre-trial services are often made to do random UAs and BAs, sometimes even when their case had nothing to do with alcohol or drugs. For certain charges, a protection order may be put in place. These protection orders are always enacted for Domestic Violence crimes, but often apply to VRA (Victim’s Rights Act) cases as well. The judge can put a no alcohol provision on this protection order. Meaning, if you test positive for alcohol, you can get charged with a new crime – Protection Order Violation.
How Is Drinking a Protection Order Violation in Larimer County?
Most people assume that violating a protection order means that they contacted a person they weren’t supposed to – and that thinking makes sense. If the order is put in place to protect the ‘victim’, then simply not having any contact with the ‘victim’ should mean you are complying. However, if the judge has added the no alcohol provision to the protection order, you can face a violation even if you haven’t had anything to do with the protected party since the order was entered.
Larimer County Protection Order Violation Lawyer: Definition of Violation of a Protection Order in Colorado
The Larimer County, Colorado law definition of Crime of Violation of a Protection Order – C.R.S. 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).
Basically, under subsection (a), it says that violating ANY other provision of the protection order means you can be charged with this crime. If a provision of the order was not consuming any alcohol and you did, it could mean a new criminal charge. This crime is generally charged as a class 2 misdemeanor, unless certain aggravators apply and then can be charged as a class 1 misdemeanor.