Violation of a protection order in Colorado

What the charge means

Under C.R.S. 18-6-803.5, a person commits this offense by knowingly violating a protection order after being served with it or otherwise learning of its terms. The order can be a civil protection order, the mandatory protection order that a court issues in every criminal case under C.R.S. 18-1-1001, or an order from another state. Prosecutors must prove three things:

• A valid order existed and was in effect at the time.
• You knew about it. Service of the order or actual notice of its terms is required.
• You knowingly did something the order prohibits.

Prohibited acts commonly include contacting, harassing, or threatening the protected person, coming within a set distance of them or their home or workplace, entering or staying on listed premises, possessing a firearm or ammunition when the order forbids it, and even hiring someone to locate the protected person. Common scenarios are text messages and calls, showing up at a shared home, and contact through social media. Only the restrained person can commit this crime. The protected person does not break the law by reaching out, but their invitation is not a defense for the restrained person.

Classification and sentencing

A first violation is a class 2 misdemeanor. Under Colorado's current misdemeanor sentencing law, C.R.S. 18-1.3-501 as revised by Senate Bill 21-271, that carries up to 120 days in jail and a fine of up to $750.

The charge becomes a class 1 misdemeanor, with up to 364 days in jail and a fine of up to $1,000, when any of these applies:

• You have a prior conviction for violating a protection order.
• The order was the mandatory criminal protection order issued under C.R.S. 18-1-1001.
• The order was based on allegations of stalking.
• You and the protected person were in an intimate relationship.

Because many of these cases arise between intimate partners, the class 1 version is common in practice. These ranges describe what applies only if the court imposes jail. Probation or another sentence is often possible. If the case carries a domestic violence designation, Colorado law adds a treatment evaluation and treatment requirement, and repeat domestic violence convictions can eventually support felony habitual charging.

What else it touches

Firearms are the biggest collateral issue. The order itself may bar possession of guns and ammunition, and federal law separately prohibits firearm possession for people subject to qualifying protection orders and for people convicted of misdemeanor crimes of domestic violence. A finding that a protection order was violated can also carry serious immigration consequences, and record sealing in this area is more restricted than for most misdemeanors, so eligibility needs a case by case review. Professional licenses and security clearances can be affected as well. In Colorado, we defend protection order violation charges. A consultation is the place to get answers about your specific situation.