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Protection orders, commonly called restraining orders, are serious legal directives restricting contact between individuals. Whether issued in response to domestic violence allegations, harassment, or other disputes, violating a protection order in Denver can lead to severe consequences.

Even an unintentional violation—such as sending a text message or being in the same public space as the protected person—can result in criminal charges. Understanding the legal implications of a protection order violation is essential, especially if you are facing charges.

If you are charged with violating a protection order, our criminal defense attorneys in Denver are here to help. Here, you can learn more about this charge and your rights.

Colorado Laws on Protection Order Violations

In Colorado, violating a protection order is a criminal offense under C.R.S. 18-6-803.5. A protection order prohibits specific actions, including contacting the protected individual, visiting their home or workplace, or possessing firearms. The violation of any condition outlined in the order is taken seriously by law enforcement and the courts.

A protection order violation is typically charged as a Class 2 misdemeanor, punishable by up to 120 days in jail and a $750 fine. However, if the violation involves a new criminal offense—such as assault or harassment—it can escalate to a Class 1 misdemeanor, carrying a sentence of up to 364 days in jail and a $1,000 fine.

If the accused has prior violations, the charge can be further enhanced, potentially leading to felony charges. Given the severe penalties, seeking legal representation from a protection order defense attorney in Denver is critical to protecting your rights.

Common Ways People Violate Protection Orders

Many people mistakenly believe violating a protection order requires deliberate intent, but that is not true. Common ways individuals violate these orders include:

  • Accidental Contact: Running into the protected person in a public place can be a violation if the order requires no contact.
  • Texting, Calling, or Emailing: Even a single message, whether direct or indirect, can constitute a breach.
  • Social Media Interactions: Liking, commenting, or tagging the protected person on social media can lead to criminal charges.
  • Third-Party Communication: Asking a friend or relative to deliver a message is also a violation.
  • Returning to a Shared Residence: Even if the protected person invites the accused back, law enforcement can still arrest them for violating the order.

A Denver criminal defense attorney can examine the circumstances and help build a strong defense if you have been accused of a protection order violation.

Possible Defenses to a Protection Order Violation

You are not automatically guilty if you are charged with violating a protection order. A defense lawyer in Denver can challenge the charges by presenting evidence in your favor.

Some common defenses include:

  • Lack of Knowledge: If you were unaware of the protection order or were never properly served, you may not be held legally responsible for the violation.
  • Unintentional Violation: This may be a defense if the contact was accidental and unavoidable.
  • False Allegations: Unfortunately, some individuals misuse protection orders as a tool for revenge or manipulation. If there is evidence that the accusation is false, it can be used in your defense.
  • No Clear Violation: The prosecution must prove that the protection order was violated beyond a reasonable doubt. If there is insufficient evidence, the case may be dismissed.

A skilled criminal defense law firm in Denver can review the details of your case and determine the best strategy for your defense.

The Long-Term Consequences of a Protection Order Violation

Aside from the immediate legal penalties, violating a protection order can have long-term consequences, including:

  • A Permanent Criminal Record: A conviction can impact employment, housing, and professional licensing opportunities.
  • Impact on Custody or Divorce Proceedings: Family courts may view a violation as a sign of instability or risk, which could negatively affect custody arrangements.
  • Difficulty Removing or Modifying the Order: If you violate the terms of the order, it may be harder to have it lifted or modified in the future.

What to Do if You Are Accused of Violating a Protection Order

If you face charges for violating a protection order, do not ignore the situation or attempt to handle it alone. Instead, take the following steps:

  1. Avoid Further Contact: Do not try to explain or apologize to the protected person, as this could lead to additional charges.
  2. Gather Evidence: If some witnesses or circumstances prove you did not violate the order, document them immediately.
  3. Consult a Defense Attorney: Contact a protection order defense attorney in Denver as soon as possible. An experienced lawyer can evaluate the case, negotiate with prosecutors, and fight for the best possible outcome.

Speak with a Defense Lawyer in Denver Today

Being accused of violating a protection order is serious, but you have rights and legal options. A Denver criminal defense attorney can help you navigate the legal system, challenge the charges, and work toward a favorable resolution.

If you or a loved one is facing a protection order violation, contact a criminal defense law firm in Denver today for a consultation.

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