Protection Orders in Colorado Criminal Cases

The Mandatory Protection Order, Explained

Colorado law requires a criminal court to enter a protection order in every case charging a crime under the state criminal code. The statute is C.R.S. 18-1-1001, and courts often call the order an MPO, short for mandatory protection order. It protects every victim of and witness to the charged acts. You do not have to do anything wrong after your arrest to receive one. It attaches to the case itself.

The order takes effect when the judge advises you of it, usually at your first appearance or arraignment. At its core, it forbids you from harassing, molesting, intimidating, retaliating against, or tampering with any victim of or witness to the charged acts.

The order lasts until the final disposition of the case. Final disposition is a legal phrase that means the true end of the matter. That includes dismissal of the charges, an acquittal, or the completion of your sentence, including probation. So a guilty plea does not end the order. In many cases the order continues long after the courtroom part is over, until supervision is finished.

What the Order Can Restrict

Beyond the baseline rules, the judge can add specific conditions. These come up most often in domestic violence cases and in cases involving crimes listed in Colorado's victim rights law. Common conditions include orders that you:

• Have no contact with the protected person. That means no calls, texts, emails, social media messages, or messages passed through friends or family.
• Vacate the home. If you share a residence with the protected person, the court can order you to move out, even if your name is on the lease or the deed.
• Stay away from certain places. This can include the protected person's home, workplace, school, or other locations they regularly visit.
• Not possess firearms or ammunition. The court can order you to give up any guns and ammunition for the life of the order.
• Not possess or consume alcohol or controlled substances. Judges often add this condition when alcohol or drugs played a role in the alleged offense.

One point surprises many clients. The order binds you even if the protected person wants contact. Their wishes matter to the court, but they cannot cancel the order on their own, and an invitation from them does not make contact legal.

Criminal Orders vs. Civil Protection Orders

Colorado has two separate systems of protection orders, and people mix them up all the time. Both can apply to the same two people at the same time.

A criminal protection order under C.R.S. 18-1-1001 is automatic. The judge issues it because criminal charges were filed. The prosecutor, not the protected person, drives the case, and the order ends when the criminal case fully ends.

A civil protection order is different. A person who fears harm asks a civil court for it under Title 13 of the Colorado statutes, starting with a temporary order under C.R.S. 13-14-104.5. No criminal charge is required. After a hearing, a civil order can be made permanent under C.R.S. 13-14-106, which means it can last indefinitely.

The practical takeaway: winning or resolving the criminal case does not necessarily end all restrictions. If a civil order exists, it lives its own life in a different courtroom, and it must be addressed separately. We handle both kinds, and we look at the full picture in every case.

How to Modify a Criminal Protection Order

These orders are not set in stone. Under C.R.S. 18-1-1001, the defendant or the district attorney may ask the court at any time to modify the order or to dismiss it. Only the judge can actually change it. Not the protected person, not the prosecutor, and not you.

A motion to modify usually asks for something specific and workable. Common examples include:

• Changing a full no contact order to an order that allows peaceful contact, so a family can communicate about children, bills, or a shared home.
• Permission to return to a shared residence.
• Arrangements to retrieve belongings, often through a single scheduled visit with a law enforcement officer present, sometimes called a civil standby.

The court will want to hear the prosecutor's position, and in domestic violence cases the protected person's views carry real weight. Judges look at the nature of the charges, the history between the people involved, and whether the requested change keeps everyone safe. A well prepared motion, filed at the right moment in the case, makes a real difference. Until a judge signs a new order, the old one stays fully in force.

Violating the Order Is a Separate Crime

Violating a protection order is its own criminal offense under C.R.S. 18-6-803.5. It does not replace the original charge. It gets added on top of it.

When the order is a criminal protection order issued under C.R.S. 18-1-1001, a violation is a class 1 misdemeanor, the most serious misdemeanor level in Colorado. That carries up to 364 days in jail, a fine of up to $1,000, or both. A second or subsequent violation is also a class 1 misdemeanor. You may see older sources describe repeat violations as extraordinary risk crimes with an 18 month maximum, but Colorado repealed that enhancement for offenses committed on or after March 1, 2022.

Three more consequences deserve attention. First, arrest is essentially mandatory. If an officer has probable cause to believe you violated an order you were served with, the law directs the officer to arrest you or seek a warrant. Second, any sentence for a violation must run consecutively to the sentence in the underlying case, meaning back to back rather than at the same time. Third, a violation can also mean contempt of court and can put your bond at risk. If you believe you may have violated an order, or you have been accused of it, talk to a lawyer before you talk to anyone else.