In Fort Collins and Larimer County, when a person is accused of a crime where the alleged victim is an intimate partner, then it is considered an act of Domestic Violence. One of the key elements of a DV case, is the mandatory protection order. No matter if the underlying crime is a physical allegation or not. After arrest at your appearance to set your bond at the Larimer County Court, the judge will enter a protection order. Again, this is MANDATORY. It does not matter if the victim wants it or not. Now, the conditions of the protection order can vary. And violating one of those conditions can get you charged with a new case for Violation of a Protection Order.
Fort Collins VIolation of a Protection Order Attorney: How is Violating a Protection Order Charged in Colorado?
The Fort Collins, 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).
Common Mandatory Protection Order Conditions in Loveland Domestic Violence Cases
Always, no matter what, the protection order will have the provision of “shall not harass, molest, intimidate, retaliate against, or tamper with any witness to or victim of the acts you are charged with committing.” Other conditions may include no contact with the alleged victim, remaining away from the victim’s residence (yes, even if that is where you live too), no alcohol, and no possessing firearms.
Penalty for a Protection Order Violation in Larimer County
Violation of a Protection Order is a class 2 misdemeanor in Larimer County and across Colorado. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail. However, if the person has a prior conviction for Violating a Protection Order, then it is a class 1 misdemeanor. The penalty for this level misdemeanor is up to 364 days in the Larimer County Jail.
If you or someone you love has been charged with Violation of 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.
Photo by Sora Shimazaki