Our top criminal defense lawyers advise that if you are subject to a protection order but fail to follow its conditions, you will be charged with Violation of a Protection Order, C.R.S. 18-6-803.5. Violation of a Protection Order is charged any time a restrained party – the person subject to a protection order – violates a condition of the order. This can include contacting the protected party, but any other violation can also result in criminal charges. If you have been accused of violating a restraining order, it is essential that you contact the best criminal defense lawyer to represent you at the Larimer County Courts and protect your future.
1. What are Protection Orders at the Larimer County Courts?
At the Larimer County Courts, restraining / protection orders are court orders prohibiting a person from contacting one or more parties. There are two types of protection orders in Colorado: criminal and civil. Criminal protection orders are automatically filed at the start of a criminal case and are in effect until the conclusion of the case. Civil restraining orders are filed by an alleged victim, and can be temporary or permanent. In either case, contacting the protected party – the person who is protected by the restraining order – can result in criminal penalties.
2. Fort Collins Definition of Violation of a Protection Order, C.R.S. 18-6-803.5
The Fort Collins definition of Violation of a Protection Order, C.R.S. 18-6-803.5, is as follows:
(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).
One of the primary ways a person can be charged with this offense is by contacting the protected party. However, violating another condition part of the protection order can also result in criminal charges. Possessing a firearm, failing to sign an affidavit, or refusing to follow any other conditions will result in being charged with Violation of a Protection Order. Sometimes, the court will impose a condition that the defendant not consume any alcohol while the protection order is in place. If caught, simply drinking can result in a new criminal charge.
3. Penalties for Violating a Restraining Order in Loveland and Estes Park
Violating a Restraining Order can be a class 2 or class 1 misdemeanor in Loveland and Estes Park, depending on the circumstances. Penalties for each are listed in the table below:
Circumstances |
Classification |
Penalties |
| Violation of a Protection order does not meet the criteria that would make it a class 1 misdemeanor | Class 2 misdemeanor / M2 |
|
Violation of a Protection Order that meets one of the following criteria:
|
Class 1 misdemeanor / M1 |
|
If you have been accused of violating the conditions of a restraining order, you need to contact a top criminal defense lawyer as soon as possible. It is first imperative that you have an experienced attorney to represent you at the Larimer County Courts and shield you from harsh, undue criminal penalties. We can also help you have the order modified or dismissed. Protection orders can often create significant strain and increase the likelihood of an accidental violation, making modification or dismissal necessary.
Have you been charged with Violation of a Protection Order? First, be smart, and exercise your right to remain silent. Never talk to the Fort Collins Police or other law enforcement about your charges. Instead, get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to discuss your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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