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Colorado Revised Statute § 18-6-803.5 C.R.S. makes it a misdemeanor to knowingly violate a protective order issued in connection with a domestic violence case. Penalties for a first-time violation include up to $1,000 in fines and/or a jail sentence of up to 120 or 364 days (depending on the situation).
In this article, our Denver criminal defense lawyers will discuss the following key issues regarding domestic violence protection orders in Colorado:
- 1. Types
- 2. Conditions
- 3. Penalties
- 4. Defenses
- 5. Recalling Protective Orders
- Frequently Asked Questions
- Additional Resources
1. Types
Colorado has two types of restraining orders for domestic violence.
The first type is civil protection orders, which are initiated by an alleged victim (the “protected person”). People can seek civil protection orders against you even if there is no criminal case.
The second type are criminal protection orders, which judges are required to issue following every domestic violence arrest.1 This is so even if the alleged victim made up the accusations, does not want to press charges, or changes their mind.
Once a protection order is issued against you (“the restrained person”), you will be entered into Colorado’s electronic protective order registry. This means the police will be authorized to take all necessary measures to keep “protected persons” safe. This includes arresting you if you allegedly violate the judge’s terms in any way.
2. Conditions
If there is a protection order taken out against you in Colorado, you are typically required to:
- keep away from the protected person’s home and possibly family members at a specified distance,2
- stay away from locations where the protected person or witness is likely to be found,
- refrain from any contact or communication with the protected person, even if they initiate the contact or otherwise consent to it,
- give up any firearms or other weapons,
- refrain from using alcohol or controlled substances,
- refrain from harassing, molesting, intimidating, retaliating against, or tampering with the protected person, and
- anything else the judge decides is necessary to protect the alleged victim or witness.
The court may also impose additional restrictions at the request of the protected person and/or prosecutor.
You always have the right to ask the court for a modification or dismissal of a restraining order.3 Otherwise, it will remain in place until the final disposition of the case.4
When police make an arrest in Colorado and suspect domestic abuse, the judge must issue a restraining order.
3. Penalties
Civil Protection Orders
If the basis for issuing the Colorado civil protection order included an allegation of stalking or you were in an intimate relationship, then a first-time violation is a class 1 misdemeanor. This carries up to 364 days in jail and/or $1,000.
Otherwise, a first offense is a class 2 misdemeanor, carrying up to 120 days in jail and/or $750.
Meanwhile, a subsequent violation of a civil protection order is an extraordinary risk class 1 misdemeanor in Colorado. This carries up to 18 months in jail and/or $1,000.
Criminal Protection Orders
In Colorado, a first-time violation of a criminal protection order is a class 1 misdemeanor. This carries up to 364 days in jail and/or $1,000.
A subsequent violation is an extraordinary risk class 1 misdemeanor. This carries up to 18 months in jail and/or $1,000.
These penalties hold even if you are ultimately found not guilty of the original crime with which you were charged.5
4. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people who have been accused of violating protective orders. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed:
- You did not violate the protective order at all. Perhaps you were falsely accused, or the police made a mistake.
- You did not knowingly violate the protective order. This is one of the strongest defenses because prosecutors have no way of definitively proving your intent, and we can argue they have insufficient evidence to show you acted knowingly.6
- Any contact with the alleged victim or witness was accidental. Similar to the last defense, the prosecution is unable to show what was going on in your head, and we may be able to make a strong case that you running into the victim was purely by happenstance and not on purpose.7
- You dialed the victim’s phone number by mistake or habit but hung up as soon as you realized it. This is another strong defense because everyone has had the experience of dialing the wrong number.
- The firearm / alcohol / drugs did not belong to you. You committed no protective order violation if someone else planted contraband on you without your knowledge or possessed contraband in your presence.
Note that it is not a defense to protective order violation charges that the protected person contacted you or consented to contact.8 If the “protected person” in a no-contact order reaches out to you, hang up or leave as soon as possible.
5. Recalling Protective Orders
If at all possible, we find it is best to fight a protective order as soon as it goes into effect before any alleged C.R.S. 18-6-803.5 violations occur.
When fighting to have protective orders recalled, we rely on evidence such as video surveillance footage, eyewitness accounts, and GPS records to show that:
- The witness and or police were mistaken;
- You did not commit or threaten any violence;
- Someone lied about what you did;
- There is no evidence you committed the underlying crime you were charged with; or
- You were loud, not violent.
Violating C.R.S. 18-6-803.5 is a misdemeanor in Colorado.
Frequently Asked Questions
What happens if the protected person contacts me first?
Even if the protected person initiates contact with you, it is still illegal for you to respond or continue the contact. You should hang up or leave immediately. The law does not recognize consent from the protected person as a valid defense for violating a protective order.
How long do protective orders stay in effect?
Criminal protective orders remain in place until the final disposition of your case. Civil protection orders can be temporary or permanent with no expiration date. You have the right to ask the court for a modification or dismissal of the order at any time.
What’s the difference between violating a civil versus criminal protective order?
The penalties depend on your situation. For criminal protective orders, a first violation is always a class 1 misdemeanor (up to 364 days in jail and/or $1,000). For civil orders, it is a class 1 misdemeanor if stalking was alleged or you were in an intimate relationship, but only a class 2 misdemeanor otherwise (up to 120 days in jail and/or $750).
Can I be charged with violating a protective order if I did not know about it?
No, you can only be charged if you “knowingly” violated the order. You must have been personally served with the order or have actual knowledge of its contents from the court or law enforcement. Not knowing about the protective order is a strong defense that prosecutors must overcome.
Additional Resources
If you are a domestic violence victim, find help and information here:
- Create a Safety Plan – National Domestic Violence Hotline – Resource for domestic violence victims on how to create a “safety plan” to remain safe and escape abuse.
- DomesticShelters.org – Directory of domestic violence shelters.
- National Coalition Against Domestic Violence – Resources and information for victims.
- Resources for Family Members, Friends, and Supporters – Joyful Heart Foundation – A guide on how to help family members or loved ones suffering from domestic abuse.
- Signs of Abuse – National Coalition Against Domestic Violence (NCADV) – Information page on how to identify domestic violence.
Legal references:
- C.R.S. 18-1-1001. Note that civil restraining orders usually start out as temporary restraining orders, but victims can apply for permanent protection orders with no expiration date. Emergency protection orders are also available when city- or county court is not in session. Domestic violence cases typically involve allegations of domestic violence assault, menacing, child abuse, elder abuse, stalking, or false imprisonment.
- See People v. Widhalm, 991 P.2d 291 (Colo. App. 1999). See also People v. Manzanares (Colo.App. 2025) 575 P.3d 452.
- C.R.S. 18-1-1001(3).
- C.R.S. 18-1-1001(1).
- C.R.S. 18-6-803.5 – Crime of violation of a protection order – penalty – peace officers’ duties – definitions.
(1) A person commits the crime of 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, the person:
(a)
(I) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order;
(II) Enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises;
(III) Possesses or consumes alcohol or controlled substances if prohibited by the protection order;
(IV) Violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and the 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)
(I) Violates a civil protection order issued pursuant to section 13-14-105.5 by:
(A) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
(B) Failing to timely file a signed affidavit or written statement with the court as described in section 13-14-105.5; or
(II) Violates a mandatory protection order issued pursuant to section 18-1-1001 that includes terms required by section 18-1-1001 (9) by:
(A) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
(B) Failing to timely file a signed affidavit or written statement with the court as described in section 18-1-1001 (9)(i) or 18-6-801 (8)(i).
(1.5) As used in this section:
(a) “Protected person” means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued. ”Protected person” does not include the defendant.
(a.5)
(I) “Protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court, and that is issued pursuant to:
(A) Article 14 of title 13, section 18-1-1001, section 19-2.5-607, section 19-4-111, or rule 365 of the Colorado rules of county court civil procedure;
(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004;
(C) An order issued as part of the proceedings concerning a criminal municipal ordinance violation; or
(D) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises.
(II) For purposes of this section only, “protection order” includes any order that amends, modifies, supplements, or supersedes the initial protection order. “Protection order” also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as defined in section 13-14-110, C.R.S.
(b) “Registry” means the computerized information system created in section 18-6-803.7 or the national crime information center created pursuant to 28 U.S.C. sec. 534.
(c) “Restrained person” means the person identified in the order as the person prohibited from doing the specified act or acts.
(d) (Deleted by amendment, L. 2003, p. 1003, § 6, effective July 1, 2003.)
(2)
(a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, or the basis for issuing the protection order included an allegation of stalking or the parties were in an intimate relationship, the violation is a class 1 misdemeanor.
(a.5) Repealed.
(b) (Deleted by amendment, L. 95, p. 567, § 3, effective July 1, 1995.)
(c) Nothing in this section precludes the ability of a municipality to enact concurrent ordinances. Any sentence imposed for a violation of this section must run consecutively and not concurrently with any sentence imposed for a crime involving domestic violence as defined in section 18-6-800.3 or a crime listed in section 24-4.1-302, except for the crimes listed in section 24-4.1-302 (1)(cc.5) and (1)(cc.6).
(3)
(a) Whenever a protection order is issued, the protected person shall be provided with a copy of such order. A peace officer shall use every reasonable means to enforce a protection order.
(b) A peace officer shall arrest, or, if an arrest would be impractical under the circumstances, seek a warrant for the arrest of a restrained person when the peace officer has information amounting to probable cause that:
(I) The restrained person has violated or attempted to violate any provision of a protection order; and
(II) The restrained person has been properly served with a copy of the protection order or the restrained person has received actual notice of the existence and substance of such order.
(b.5) Notwithstanding the requirement in subsection (3)(b) of this section to arrest, or seek a warrant for the arrest of, a restrained person, a peace officer may exercise discretion in determining whether to arrest or seek an arrest warrant for a restrained person or issue a restrained person a summons to appear when a peace officer has probable cause that the restrained person has violated or attempted to violate a protection order by:
(I) Possessing or consuming alcohol or controlled substances pursuant to subsection (1)(a)(III) of this section;
(II) Violating a term included in the protection order to protect the protected person from imminent danger to life or health pursuant to subsection (1)(a)(IV) of this section when the protection order was not issued in a case involving domestic violence as defined in section 18-6-800.3 or a case involving crimes listed in section 24-4.1-302, except for the crimes listed in section 24-4.1-302 (1)(cc.5) and (1)(cc.6); or
(III) Failing to timely file a signed affidavit or written statement with the court pursuant to subsection (1)(c)(II) of this section.
(c) In making the probable cause determination described in paragraph (b) of this subsection (3), a peace officer shall assume that the information received from the registry is accurate. A peace officer shall enforce a valid protection order whether or not there is a record of the protection order in the registry.
(d) The arrest and detention of a restrained person is governed by applicable constitutional and applicable state rules of criminal procedure. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer’s station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made, or the arrested person may be taken to the jail in the county where the protection order was issued. The law enforcement agency or any other locally designated agency shall make all reasonable efforts to contact the protected party upon the arrest of the restrained person. The prosecuting attorney shall present any available arrest affidavits and the criminal history of the restrained person to the court at the time of the first appearance of the restrained person before the court.
(e) The arresting agency arresting the restrained person shall forward to the issuing court a copy of such agency’s report, a list of witnesses to the violation, and, if applicable, a list of any charges filed or requested against the restrained person. The agency shall give a copy of the agency’s report, witness list, and charging list to the protected party. The agency shall delete the address and telephone number of a witness from the list sent to the court upon request of such witness, and such address and telephone number shall not thereafter be made available to any person, except law enforcement officials and the prosecuting agency, without order of the court.
(4) If a restrained person is on bond in connection with a violation or attempted violation of a protection order in this or any other state and is subsequently arrested for violating or attempting to violate a protection order, the arresting agency shall notify the prosecuting attorney who shall file a motion with the court which issued the prior bond for the revocation of the bond and for the issuance of a warrant for the arrest of the restrained person if such court is satisfied that probable cause exists to believe that a violation of the protection order issued by the court has occurred.
(5) A peace officer arresting a person for violating a protection order or otherwise enforcing a protection order shall not be held criminally or civilly liable for such arrest or enforcement unless the peace officer acts in bad faith and with malice or does not act in compliance with rules adopted by the Colorado supreme court.
(6)
(a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim’s children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order allocating parental responsibilities with respect to such child or an order for the care and control of the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (6).
(b) For purposes of this subsection (6), “shelter” means a battered women’s shelter, a friend’s or family member’s home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.
(7) The protection order must contain in capital letters and bold print a notice informing the protected person that the protected person may either initiate contempt proceedings against the restrained person if the order is issued in a civil action or, if the order is issued in a criminal action, request the prosecuting attorney to initiate contempt proceedings or the prosecution of criminal conduct.
(8) A protection order issued in the state of Colorado shall contain a statement that:
(a) The order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United States, another state, an Indian tribe, or a United States territory pursuant to 18 U.S.C. sec. 2265;
(b) The issuing court had jurisdiction over the parties and subject matter; and
(c) The defendant was given reasonable notice and opportunity to be heard.
(9) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the protection order is located, if such court is within this state.Note that prior to March 1, 2022, violating a civil protection was always a class 2 misdemeanor for a first-time offense. SB21-271. - See People v. Coleby (Colo. 2001) 34 P.3d 422.
- See People v. Serra (Colo.App. 2015) 361 P.3d 1122.
- See Hotsenpiller v. Morris (Colo.App. 2017) 488 P.3d 219. People v. Coleby (Colo. 2001) 34 P.3d 422.