Protection orders, sometimes known as restraining orders, are legal mandates issued by Colorado courts to protect individuals from harassment, abuse, threats, stalking, or domestic violence. While a protection order is designed to ensure the safety and well-being of victims, violating these orders can result in serious criminal consequences. For Denver residents, it’s important to fully understand what constitutes a protection order violation, potential penalties, and how best to respond if accused.
If you’ve been charged with violating a protective order in Denver or anywhere in Colorado, the Denver protective order lawyers at Baker Law Group provide experienced legal guidance to defend your rights, reputation, and freedom.
What Exactly Is a Protection Order?
In Colorado, protection orders are issued by judges to legally prohibit someone (referred to as the restrained person) from contacting, approaching, or interacting with another individual (the protected person). These orders can be temporary or permanent and typically include conditions the restrained person must follow strictly.
Protection orders often arise from situations involving:
- Domestic violence or intimate partner abuse
- Harassment and stalking behaviors
- Threats of violence or actual violence
- Family or household conflicts
A protection order can impose various restrictions, such as prohibiting physical proximity, banning communication through any means (calls, texts, social media, or third parties), prohibiting firearm possession, and requiring the restrained person to vacate shared homes or workplaces.
How Does Colorado Define a Violation of a Protection Order?
According to Colorado Revised Statutes §18-6-803.5, a protection order is violated when an individual intentionally engages in conduct explicitly prohibited by the order’s terms. A violation doesn’t have to involve direct physical contact or confrontation; disregarding or disobeying the terms established in the protective order can result in criminal charges.
Common examples of protection order violations in Denver include:
- Contacting or communicating with the protected individual through phone, text, email, or social media platforms.
- Approaching or going within a prohibited distance of the protected person’s home, school, or workplace.
- Possessing firearms or ammunition if specifically prohibited.
- Harassing, intimidating, or threatening the protected individual directly or indirectly.
- Asking someone else to contact or relay messages to the protected person on your behalf.
In Denver, prosecutors often aggressively pursue these violations, given their connection to sensitive situations involving safety concerns. Understanding your order’s limits is critical to avoiding violations and potential criminal charges.
Criminal Penalties for Violating a Protection Order in Colorado
Violating a protection order in Colorado is classified as a criminal offense and can result in significant penalties, depending on the circumstances and prior offenses. Under Colorado law:
- A first-time protection order violation is typically charged as a Class 2 misdemeanor. Potential penalties include fines ranging from $250 to $1,000 and jail time between 3 and 12 months.
- If you’ve previously violated a protective order or have multiple violations, the charge escalates to a Class 1 misdemeanor, punishable by 6 to 18 months of jail time and fines ranging from $500 to $5,000.
Furthermore, if the violation involves another criminal offense, such as assault, stalking, or harassment, additional charges and severe penalties may apply.
Impact of a Protection Order Violation on Your Life
Beyond immediate criminal penalties, a conviction for violating a protective order carries substantial, lasting consequences that can impact your life in several ways:
- Permanent Criminal Record: Convictions become permanent public records accessible to potential employers, landlords, educational institutions, and background checks, affecting job opportunities, housing applications, and personal reputation.
- Custody and Visitation: If you are involved in custody disputes, a protective order violation can negatively impact your parental rights or visitation arrangements, often leading to supervised visits or loss of custody altogether.
- Loss of Firearm Rights: A protection order violation, particularly involving domestic violence, can permanently revoke your right to possess or purchase firearms, affecting hunting privileges and personal defense.
- Employment Opportunities: Such convictions could negatively impact or deny professional licensure, security clearances, or job opportunities requiring background checks.
Considering these potential long-term consequences, it is crucial to seek qualified legal assistance immediately after being accused or charged with violating a protection order.
Defense Strategies Against Protection Order Violation Charges
Fortunately, experienced Denver criminal defense attorneys at Baker Law Group can develop effective strategies to challenge protection order violation charges. Common defenses might include:
- Lack of Knowledge or Intent: Demonstrating that the violation was unintentional or that you lacked a clear understanding or proper notification of the order’s terms.
- False Allegations: Providing evidence or witness testimony disproving false accusations or attempts at manipulation by the protected party.
- Violation Due to Emergency Circumstances: Establishing that your violation was necessitated by a genuine emergency or urgent situation requiring immediate attention.
- Ambiguous or Unclear Terms: Challenging overly vague or ambiguous language within the protection order itself that may have led to an unintended violation.
- Mistaken Identity: Demonstrating mistaken identity or confusion, particularly in communication or alleged proximity violations.
The skilled attorneys at Baker Law Group meticulously examine the facts of your case, carefully considering all evidence, police procedures, witness statements, and other pertinent information. We strive aggressively for reduced charges, dismissals, acquittals, or favorable plea arrangements whenever possible.
Responding to Accusations of Violating a Protection Order
If accused or arrested for violating a protection order in Denver, you must act promptly and responsibly. Recommended actions include:
- Refraining from any additional contact or communication with the protected individual to prevent further violations.
- Gathering any evidence or documentation that supports your version of events or demonstrates your innocence.
- Seeking immediate legal representation before speaking to law enforcement, prosecutors, or accusers. Remember, anything you say could be used against you in court.
Having a knowledgeable attorney from Baker Law Group immediately advocating on your behalf can substantially improve your legal outlook and position during criminal proceedings.
Contact a Denver Protective Order Lawyer
Facing accusations of violating a protective order in Denver can feel overwhelming, stressful, and intimidating. At Baker Law Group, we understand the complexities of protection order cases and their serious implications on your life, reputation, and freedom.
