Larimer County Protection Order Violations Attorney
No Such Thing as Consensual Contact

After a protection order is entered, it doesn't matter if the protected party wants to have contact, you can still end up with Violation of a Protection Order charge.

In Fort Collins and Larimer County, Violation of a Protection Order is charged when a person has been ordered to abide by a civil or criminal protection order and the person violates a condition of that protection order. Often, when it comes to protection orders, they are put in place based on law requirements and not what the parties actually want. For instance, it doesn’t matter if the alleged victim in a domestic violence case wants to have a protection order in place. It will automatically be entered because there was an arrest involving domestic violence. Then, it is generally an uphill battle to get the protection order modified to allow for any type of contact, even if that’s what both parties want. The problem becomes that the alleged victim can contact the protected party as much as they want. They are not under any obligation to refrain from having contact. This can lead to major issues down the line – including new charges for Protection Order Violations.

Fort Collins Example of Protection Order Violation – Why Are Protection Orders Filed in Larimer County

Let me give you a hypothetical to explain. Let’s say you and your boyfriend were arguing and you push him out of your way when leaving the house. You have friend over at the time, who is uncomfortable with what is going on, so the police are called. When they arrive, they take everyone’s statements and because your boyfriend admits that you pushed him (after much prodding from the officers), you are arrested and charged with Harassment as an act of Domestic Violence. You spend the night in the Larimer County Jail and then you appear in front of a Larimer County judge or magistrate, who automatically enters a mandatory protection order, preventing you from having contact with your boyfriend. Now, you bond out and your boyfriend is repeatedly calling and texting you, as he feels terrible that you were arrested and wants to make sure that you are okay. Answering any of those texts or calls puts you at risk for a new criminal charge of Protection Order Violation.

How You Can Get Charged with a Protection Order Violation in Loveland and Estes Park

Often, people under a protection order think it will be okay to have contact (even though the order prevents it) because the victim is reaching out and instigating the communication. In these situations, it doesn’t matter if the contact is consensual. It is still a violation. And, unfortunately, it can be easily used against you. The victim / protected party has all the power in these situations and nothing to lose. They don’t get in trouble for having contact with you, but if you make them mad, they can easily report you and get you in more trouble. It’s not fair, but it happens more than you know. Sometimes, it’s not that the victim reports it, but you get pulled over for a minor traffic infraction and the officer runs your information, sees the protection order in the system and verifies that the person in the passenger seat is the protected party. Boom – more criminal charges.


If you or someone you love has been charged with Protection Order Violation, 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 your free initial consultation. Together, we can protect your future.

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