Violation of a Protection Order
A protection order’s terms and conditions can seem restrictive but violating it can result in criminal charges. Breaking the terms of your protection order could lead to a misdemeanor. You could even have your protection order extended or have extra conditions added as a result of your violation.
In many cases, a protective order violation stems from a mistake or a misunderstanding. Unfortunately, this doesn’t matter to the Colorado justice system. If you or someone you know has been charged with violating a protection order, it’s imperative you contact an experienced criminal defense attorney. Your attorney can schedule a hearing to contest the violation with evidence they’ve collected.
Lawyer for Violation of a Protective Order in El Paso County, CO
Violating the terms of a protective order could land you in hot water. Your protection order could be extended, and you may be criminally charged for the violation. Protect your rights today by contacting the skillful attorneys at Law Offices of Clifton Black, PC.
The defense lawyers at Law Offices of Clifton Black, PC have represented many people accused of violating a protective order. They can utilize their legal background and resources to fight your allegations. Call us now at (719) 328-1616 to schedule a consultation. We accept clients throughout El Paso County and surrounding counties including Denver County and Arapahoe County.
Overview of Protective Order Violations in CO
- What Does a Protective Order Do in Colorado?
- Penalties for Violating a Protective Order
- Possible Defenses for a Protective Order Violation
- Additional Resources
What Does a Protective Order Do in Colorado?
Protective orders are court orders meant to protect the petitioner from the defendant. They’re also known as restraining orders in other states. Typically, a protection order will consist of terms and conditions that prohibit the defendant from harassing, stalking, intimidating, harming, threatening or contacting the petitioner in any way.
Listed below are some common conditions listed in a protective order.
- Prohibited from:
- Contacting the petitioner, their family or friends;
- Avoid contact with the petitioner’s home or places they frequent;
- Move out of any shared residences with the petitioner;
- Refrain from communicating with the petitioner online or in-person;
- Avoid the use of alcohol or controlled substances; and
- Relinquish all firearms to law enforcement
A protective order can be temporary or permanent. Many protection orders are temporary and have an expiration date. However, the petitioner can request for the order to be permanent with a hearing. In Colorado, people arrested for domestic violence are automatically subject to an emergency protective order. Even if the victim of the crime doesn’t wish to press charges.
Penalties for Violating a Protective Order
You must follow all the terms and conditions of a protection order or you’ll be criminally charged. Violating a protective order will result in a class 2 misdemeanor that can lead to:
- Up to 12 months in jail; and
- A fine of up to $1,000
The crime can be enhanced to a class 1 misdemeanor if you have been previously convicted of violating your protection order. The penalties for a class 1 misdemeanor include:
- Up to 18 months in jail; and
- A fine of up to $5,000
Violating the same protective order twice will classify the offense as an “extraordinary risk crime.” This means an extra six months may be added to your sentencing. As a result, your total sentencing for a second violation is:
- Up to 24 months in jail; and
- A fine of up to $5,000
Possible Defenses to a Protective Order Violation
The consequences for violating a protective order are harsh. Thankfully, you can request a hearing to combat these charges. At the hearing you can hire an experienced attorney to represent and defend you in court. The petitioner and if applicable the prosecution will also be notified and present at the hearing.
Some common defenses used against a protective order violation include:
- The violation occurred on accident;
- You were unaware you violated the protective order;
- The protective order was never violated at all;
- The petitioner fabricated the violation;
- You contacted the petitioner by mistake or out of habit;
- The petitioner went out of their way to contact you;
- An extraordinary reason stopped you from relinquishing your firearms on time; or
- Drugs found in your system were from a faulty test
Protection Order Resources – Visit the official website of the Colorado Judicial Branch to learn more about protection orders. Access the site to learn more about the cost of a protective order, how their background checks work and instructions on how to file a protective order.
Violating Protective Order Laws in Colorado – Visit the official website for Colorado’s Revised Statutes to learn the penalties for violating a protective order. Access the laws to learn how a protective order is granted, the different types of protection orders and more.
Defense Attorney for Violating a Protective Order in El Paso County, CO
If you or someone you know has been charged with violating a protective order, it’s imperative you gain legal counsel. The attorneys at Law Offices of Clifton Black, PC are skilled in criminal defense with years of practice under their belt. We can provide an efficient and effective defense for you.
Call us now at (719) 328-1616 to set up a free consultation. Our attorneys practice law throughout the grater Colorado Springs area including Manitou Springs, Calhan and Fountain.