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Imagine you’re going about your day when suddenly, you receive notice that you’ve allegedly violated a restraining order. Panic sets in. What does this mean for your future? Could you be arrested? Will this affect your job, custody rights, or even your freedom?
Restraining order violations are taken seriously in Colorado, but accusations are not always justified. Understanding your rights and legal defenses can make a significant difference in the outcome of your case.
Our experienced criminal defense lawyer in Denver is here to help you understand your legal options and rights.
In Colorado, restraining orders—also called protection orders—are issued to prevent contact between individuals in situations involving domestic violence, harassment, stalking, or other disputes. Under C.R.S. 18-6-803.5, violating a restraining order is a class 2 misdemeanor, punishable by up to 120 days in jail and/or a $750 fine. However, repeated violations or circumstances involving violence can escalate the charge to a felony, leading to harsher penalties.
Ignoring the order can have serious consequences, even if you believe it is unfair. A Denver restraining order violation defense attorney can help determine whether the accusation is valid and build a strong defense.
Each case is unique, but several legal defenses can be used to fight a restraining order violation charge.
One key element in proving a violation is intent. However, you may have a valid defense if the contact was accidental, such as running into the protected party in a public place without prior knowledge. Colorado law does not punish individuals who unintentionally violate an order.
Unfortunately, some individuals misuse restraining orders as a weapon in custody disputes or personal conflicts. If the alleged victim falsely claims a violation, gathering evidence, such as text messages, emails, or surveillance footage, is crucial to prove your innocence.
A Denver criminal defense attorney can subpoena phone records or witnesses to challenge the claim.
If the person who filed the restraining order contacted you first—via text, social media, or in person—this could serve as a defense. While this does not automatically nullify the order, it can demonstrate that the contact was mutual rather than a deliberate violation. Courts may consider this when reviewing the case.
A restraining order must be served according to the law to be legally binding. If you were unaware that a restraining order had been issued or the terms were unclear, you could argue that you did not willfully violate the order. A defense lawyer in Denver can request court records to determine if proper procedures were followed.
The prosecution must prove beyond a reasonable doubt that you violated the restraining order. If there is little or no evidence—such as a lack of witnesses or proof of contact—your attorney can argue that the case should be dismissed due to insufficient proof.
Taking immediate action is crucial if you are facing a restraining order violation charge.
Restraining order violations are more common than many realize. According to Colorado court records, more than 10,000 protection orders are issued annually, with a significant percentage leading to alleged violations. However, studies suggest that a notable number of these cases involve misunderstandings or false claims, emphasizing the need for a strong defense.
Even a minor restraining order violation can have lasting consequences. A conviction can result in a criminal record, loss of gun rights, job difficulties, and even jail time. Working with a defense attorney for a restraining order violation in Denver ensures your rights are protected and you have the best possible defense.
If you or a loved one has been accused of violating a restraining order, don’t wait—contact a defense lawyer in Denver immediately to fight the charges and protect your future.
