“Violation of a Protective Order” – Colorado Law & Penalties

CRS § 18-6-803.5 makes it a misdemeanor offense in Colorado knowingly to violate a protective order issued in connection with a domestic violence case. Depending on the case, penalties include:

• up to 18 months in jail and/or
• up to fines of $1,000.

Common defenses to allegations that you violated a protective order are that:

• You were falsely accused;
• You did not intentionally contact the protected person; and/or
• You did not possess the drugs or weapons found near you.

Below, our Denver Colorado criminal defense lawyers will discuss:

• 1. What is a domestic violence protective order?
• 2. What are the penalties for violation of a protection order?
• 3. How do I fight CRS 18-6-803.5 charges?
• Additional resources

Violating CRS 18-6-803.5 is a misdemeanor in Colorado.

1. What is a domestic violence protective order?

Colorado has two types of restraining orders for domestic violence:

1. Civil protection orders (initiated by an alleged victim), and
2. Criminal protection orders (initiated by your criminal arrest, such as for domestic violence assault, menacing, child abuse, elder abuse, stalking, and false imprisonment)

A criminal protection order is mandatory when:

• you are arrested for a crime (other than a vehicle offense), and
• the police or the judge suspects you used actual or threatened violence to coerce, punish or control an intimate partner.¹

This means the law enforcement agency must arrest you – and the criminal court judge must issue a restraining order – in all domestic violence cases. This is so even if the alleged victim of domestic violence made up the charges, does not want to press charges, or changes their mind.

You will be entered into Colorado’s electronic protective order registry as soon as the protective order has been issued. This means the police will be authorized to do whatever is necessary to keep “protected persons” safe. This includes arresting you if you allegedly violate the judge’s terms in any way.

What protective orders do

Mandatory protection orders prohibit you (the “restrained person”) from doing any of the following to the “protected person”:

• harassing,
• molesting,
• intimidating,
• retaliating against, or
• tampering with.

The “protected person” is typically an intimate partner or a witness to a domestic violence-related crime you are charged with. Protective orders usually instruct you to:

• keep away from the protected party’s home and possibly family members at a specified distance,²
• stay away from locations where the alleged victim or witness is likely to be found,
• refrain from any contact or communication with such person(s) — even if such person initiates the contact or otherwise consents to it,
• give up any firearms or other weapons,
• refrain from using alcohol or controlled substances, 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 victim and/or the prosecutor. However, you have the right to apply to the court at any time for 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.

2. What are the penalties for violation of a protection order?

It depends on the type of Colorado restraining order:

3. How do I fight CRS 18-6-803.5 charges?

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 are very effective with prosecutors, judges, and juries:

1. You did not violate the protective order at all. Perhaps you were falsely accused, or the police made a mistake.
2. 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
3. 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
4. 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.
5. 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 alleged victim or witness contacted you or consented to contact. If the “protected person” in a no-contact order reaches out to you, hang up or leave as soon as possible.⁸

Fighting 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 CRS 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.

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: