CRS 18-6-803.5 – “Violation of a Protective Order” in Colorado Law

Updated August 19, 2020

CRS 18-6-803.5 is the Colorado law making it a misdemeanor to knowingly violate a protective order for domestic violence. Penalties range from 3 to 24 months in jail and/or fines of $250 to $5,000, depending on the protection order. A common defense is that the defendant did not intentionally contact the protected person.

Below our Denver Colorado criminal defense lawyers discuss:

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

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

1. What is a domestic violence protective order in Colorado?

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 a criminal arrest, such as for domestic violence assault, menacing, child abuse, elder abuse, stalking, and false imprisonment)

A criminal protection order is mandatory when:

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

This means the law enforcement agency must arrest the suspect – 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 his or her mind.

Mandatory protection orders prohibit 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 the defendant’s intimate partner or a witness to a domestic violence-related crime the defendant is charged with. Protective orders also usually instruct the “restrained person” 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, defendants 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

Note that as soon as the protective order has been issued, the defendant will be entered into Colorado’s electronic protective order registry. This means the police will be authorized to do whatever is necessary to keep “protected persons” safe. This includes arresting the defendant if he/she allegedly violates the judge’s terms in any way.

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?

Firstly, people are advised to fight a Colorado restraining order as soon as it goes into effect, before any alleged CRS 18-6-803.5 violations occur. Defenses to the issuance of the protective order can include (but are not limited to):

• The witness and or police were mistaken;
• The defendant did not commit or threaten any violence;
• Someone lied about what the defendant did (false accusations);
• There is no evidence the defendant committed the underlying crime he/she was charged with; or
• The defendant was loud, not violent.

If defendants do not request a dismissal – or they lose the hearing – they will be subject to the protective court order until the final disposition of the criminal case. And if they allegedly violate the Colorado protective order while it is in effect, the best defense to criminal charges will depend on the clause they are charged with violating. Some common defenses that criminal defense attorneys use are:

• The defendant did not violate the protective order at all;
• The defendant did not knowingly violate the protective order;⁶
• Any contact with the alleged victim or witness was accidental;⁷
• The defendant dialed the victim’s phone number by mistake (habit), but hung up as soon as he/she realized it; or
• The firearm / alcohol / drugs did not belong to the defendant.

However, it is not a defense that the alleged victim or witness contacted the defendant or consent to contact. If a person is under a “no-contact” order, it means just that — no contact, whatsoever. Defendants do not violate “no-contact” if they run into the person accidentally, as long as they leave / hang up as soon as they realize it and do not attempt to speak to the protected person.⁸

Call our law firm to discuss creating an attorney-client relationship. Our law offices offer free consultations and legal advice.

In California? See our article on TROs (PC 273.6).

In Nevada? See our article on TPOs and EPOs (NRS 33.100).

 Legal references:

1. CRS 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.
2. See People v. Widhalm, 991 P.2d 291 (Colo. App. 1999).
3. CRS 18-1-1001(3).
4. CRS 18-1-1001(1).
5. CRS 18-6-803.5(2).
6. See People v. Coleby, 34 P.3d 422 (Colo. 2001).
7. See People v. Serra, 2015 COA 130, 361 P.3d 1122 (2015).
8. See Hotsenpiller v. Morris, 2017 COA 95, — P.3d —.