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Colorado Springs Lawyer For Mandatory And Civil Protection Orders

Types of Protection Orders in Colorado:

Mandatory Protection Order: A Mandatory Protection Order is an order issued in a criminal defense case that, in its very basic terms, prevents the restrained party (Defendant) from harassing, harming, assaulting, molesting, threating, or retaliating against any victim or witness. In a criminal charge that is deemed to be domestic violence, the prohibited acts are increased as discussed below.
Civil Protection Order: A civil protection order is a protection order that the Petitioner is seeking to have placed against the Respondent. If initially granted, the Civil Protection Order is a Temporary Protection Order, and the Petitioner can seek to have it turned into a Permeant Protection Order. Although often requested as a result of a criminal charge, a criminal charge is not required.

Both the Mandatory Protection Order and a Civil Protection Order are discussed separately below.

Violation of a Protection Order

A mandatory protection order is issued when a person is charged with a criminal offense. In Colorado, people arrested for domestic violence are automatically subject to an emergency protective order. Even if the victim of the crime doesn’t wish to press charges.

In most cases the mandatory protection order prohibits the defendant from:

Harassing, molesting, threating, intimidating or retaliating against any alleged victims or witnesses; and
Avoid the use of alcohol or controlled substances (usually when alcohol or drugs where an underlying factor in the charge.

If the criminal charge is related to a domestic violence charge, there are additional conditions. For example, the defendant can be prohibited from:

Contacting or communicating with the alleged victim;
Moving out of a residence shared by the defendant and alleged victim;
Forfeiting and removing access to weapons and ammunition;
Staying away from other locations that the victim might be at, which can include places of employment and the homes of family members.

A protection order’s terms and conditions can seem restrictive but violating it can result in criminal charges. Breaking the terms of your protection order could lead to a misdemeanor. You could even have your protection order extended or have extra conditions added as a result of your violation.

In many cases, a protective order violation stems from a mistake or a misunderstanding. Unfortunately, this doesn’t matter to the Colorado justice system. If you or someone you know has been charged with violating a protection order, it’s imperative you contact an experienced criminal defense attorney. Your attorney can schedule a hearing to contest the violation with evidence they’ve collected.

Lawyer for Violation of a Protective Order in El Paso County, CO

Violating the terms of a protective order could land you in hot water. Your protection order could be extended, and you may be criminally charged for the violation. Protect your rights today by contacting the skillful attorneys at Black, Blink, & Associates LLC.

The defense lawyers at Black, Blink, & Associates LLC have represented many people accused of violating a protective order. They can utilize their legal background and resources to fight your allegations. Call us now at 719-694-0578 to schedule a consultation. We accept clients throughout El Paso County and surrounding counties including Denver County and Arapahoe County.

Overview of Protective Order Violations in CO

What Does a Protective Order Do in Colorado?
Penalties for Violating a Protective Order
Possible Defenses for a Protective Order Violation
Additional Resources

What Does a Civil Protection Order Do in Colorado?

Civil Protection Orders are court orders meant to protect the petitioner from the defendant. A Civil Protection Order is issued with a Petitioner (party seeking the protection order) files for a Temporary Protection Order. To get a Temporary Protection Order issued, the Petitioner must show evidence that they have been harmed by the person they are seeking to get a Civil Protection Order issued against (the Respondent). They are also known as restraining orders. Typically, a Civil Protection Order will consist of terms and conditions that prohibit the respondent from harassing, stalking, intimidating, harming, threatening or contacting the petitioner in any way.

Listed below are some common conditions listed in a protective order.

Prohibited from:
- Contacting the petitioner, their family or friends;
- Being prohibited to go to the petitioner’s home, place of employment, or other places they frequent;
- Requiring the Respondent to move out of any shared residences with the Petitioner;
- Refrain from communicating with the petitioner online or in-person;
- Refraining from the use of alcohol or controlled substances; and
- Relinquishing all firearms and ammunition to law enforcement or third party.

A Civil Protection Order starts out as a Temporary Protection Order, and can be turned into a Permanent Protection Order. Many protection orders are temporary and have an expiration date. However, the petitioner can request for the order to be permanent with a hearing. The Respondent has a right to appear and argue against it becoming a Permeant Protection Order.

Penalties for Violating a Civil Protective Order

You must follow all the terms and conditions of a protection order or you may be criminally charged. Violating a protective order will result in a criminal charge whitch is a class 2 misdemeanor that can lead to:

Up to 120 days in jail; and
A fine of up to $750

Violating a Civil Protection Order a second time results in a class 1 misdemeanor, if you have been previously convicted of violating your protection order. The penalties for a class 1 misdemeanor include:

Up to 364 days in jail;

Possible Defenses to a Protective Order Violation

The consequences for violating a protective order are harsh. Thankfully, you can request a hearing to combat these charges. At the hearing you can hire an experienced attorney to represent and defend you in court. The petitioner and if applicable the prosecution will also be notified and present at the hearing.

Some common defenses used against a protective order violation include:

The violation occurred on accident, i.e., the Respondent was not aware of the Petitioners where abouts;
You were unaware you violated the protective order;
The protective order was never violated at all;
The petitioner lied about the violation;
The petitioner went out of their way to contact you;
An extraordinary reason stopped you from relinquishing your firearms on time; or
Drugs found in your system were from a faulty test.

Additional Resources

Protection Order Resources – Visit the official website of the Colorado Judicial Branch to learn more about protection orders. Access the site to learn more about the cost of a protective order, how their background checks work and instructions on how to file a protective order.

Violating Protective Order Laws in Colorado – Visit the official website for Colorado’s Revised Statutes to learn the penalties for violating a protective order. Access the laws to learn how a protective order is granted, the different types of protection orders and more.

Defense Attorney for Violating a Protective Order in Colorado Springs

If you or someone you know has been charged with violating a protective order, it’s imperative you hire experienced legal counsel. The attorneys at Black, Blink, & Associates LLC are skilled in criminal defense with decades of practice under their belt. We can provide an efficient and effective defense for you.

Call us now at 719-694-0578 to set up a free consultation. Our attorneys practice law throughout the grater Colorado Springs area including Manitou Springs, Calhan and Fountain.