When a protection order is entered in a criminal case, it usually prevents the defendant from having any contact with the victims and/or witnesses involved in the case. But what constitutes contact? According to one judge, a like on Facebook meets the contact definition. According to the news report, a man was arrested for clicking the thumbs up sign on Facebook and ‘liking’ a picture that a witness involved in his case had posted. His bond was revoked because the judge agreed that by liking the photo, he was violating the order to avoid any contact with his ex-girlfriend and current witness against him. Protection orders are frequently issued in criminal cases, so let’s look at the Violation of a Protection Order statute and how you can protect yourself if you are under the restraints of a criminal protection or restraining order in Fort Collins, Loveland, or Estes Park.
Larimer County Violation of a Protection Order Lawyer: What is the Definition of Violation of a Protection Order?
The Colorado law definition 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, in Larimer, Boulder, or Grand County, ANY sort of communication, including an exchange through a 3rd party or liking something on Facebook, can fall under the ‘contact’ definition. If you are the restrained party under any protection or restraining order, it is our advice to avoid the protected parties like the plague. We understand this can be hard, especially in situations where the protected party wants the order modified to allow contact, but for the sake of your criminal record and your future, avoid contact in any way possible.