Facing Charges for Violation of a Protection Order

If you have been accused of domestic violence in the past and a former intimate partner has a protection order, you can face serious penalties if you are accused and later convicted of violating the terms of a protection order. You can face these charges whether you are accused of violating a temporary or permanent protection order. What else do you need to know about these charges and your options for building a defense? Our Denver domestic violence defense attorneys can explain in more detail below, and we can speak with you today about developing a defense in your case.

Charges for Violation of a Protection Order

Under CRS 18-6-803.5, a person can face criminal charges for violation of a protection order “if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person,” and the person does one of the following to the protected person or their property, when the following is prohibited according to the protection order:

• Contacts;
• Harasses;
• Injures;
• Intimidates;
• Molests;
• Threatens; or
• Tampers with.

Colorado law defines a protected person as “the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued” — in other words, the person who sought the protection order. A restrained person is “the person identified in the order as the person prohibited from doing the specified act or acts.”

Consequences for Violation of a Protection Order

If you are accused of violating a protection order, what are the consequences you could be facing?

Violation of a protection order will typically be charged as either a class 2 misdemeanor or class 1 misdemeanor, depending on the specific circumstances and whether or not there has been a previous violation. To be clear, even a conviction for a class 2 misdemeanor can result in up to 120 days in jail. Conviction for a class 1 misdemeanor can result in a jail sentence of up to one year, and with enhancing circumstances, up to 18 months.

Defending Against Charges of Violation of a Protection Order

If you are facing charges for violating a protection order, you should begin working with a lawyer as soon as possible on your defense. Defense strategies should be tailored to your case but may involve the following:

• You did not knowingly or intentionally violate the order, or the violation was accidental; or
• You did not actually violate the order in any capacity.

Contact a Denver Domestic Violence Defense Lawyer for Assistance

Are you currently facing charges for violating a protection order? It is crucial to seek legal advice and to have an experienced Denver domestic violence defense attorney at DeChant Law on your side. If you are convicted, you could face significant jail time in addition to other penalties. You do not want to have a serious misdemeanor on your record or to face a significant jail sentence. Contact our firm today to find out more about how we can work with you to develop a defense to the violation offense you are facing.

Source:

law.justia.com/codes/colorado/title-18/article-6/part-8/section-18-6-803-5/