Usually, in Fort Collins and Loveland, Violation of a Protection Order cases follow a criminal Domestic Violence case. This is because after a Domestic Violence allegation is made, then a Mandatory Protection Order is entered. When someone violates any part of that protection order, they are charged with Violation of a Protection Order. A man was recently charged with this crime after he got out of jail and directly went to his ex’s house to steal her chicken, Polly. According to the report, the man has been arrested on a DV matter and was not allowed to have contact with the alleged victim. But, just after getting out of jail, he violated that no contact order and returned to the victim’s home, broke in, and took her favorite chicken, named Polly. Law enforcement was able to locate the man hiding in the bushes in a forest nearby. Of note, Polly was returned unharmed. The man was charged with Burglary and Violating a Protection Order.
Larimer County Violation of a Protection Order Lawyer: How is Protection Order Violation Charged 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 or a mandatory protection order issued 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 signed affidavit or written statement with the court as described in section 13-14-105.5 (9), 18-1-1001 (9)(i), or 18-6-801 (8)(i).
A mandatory protection order will outline all the restraints a person is bound by. It almost always includes not harassing, molesting, or intimidating the protected party. It can also include not being within a certain distance of the victim, the victim’s home and employer, and any other place the victim is likely to be. Sometimes, the protection order will include not consuming alcohol. This means Violation of a Protect Order could be charged if you were contacted for some unrelated reason and police notice you have been drinking and under a protection order.
Penalty for Protection Order Violation in Loveland
In Loveland and across Larimer County, Violation of a Protection Order is a class 2 misdemeanor. The penalty for this level misdemeanor is up to 120 days in the Larimer County Jail. However, if a person has previously been convicted of violating a protection order, OR if the protection order was entered related to a criminal case, OR the protection was ordered because of a stalking allegation, OR the parties involved were in an intimate relationship, then it is a class 1 misdemeanor. This level misdemeanor is punishable by up to 364 days in the Larimer County Jail.
If you or someone you love has been charged with Violating a Protection Order, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Alex P