Colorado Law on Violations of Protection Order | Weld County Protection Order Criminal Defense Lawyer
In Weld County, when someone is involved in a Domestic Violence case, or with any criminal case involving a victim, a Protection Order will be put in place. When there is an accusation of Violations of a Protection Order, you will need an experienced criminal defense lawyer to protect you from being unnecessarily charged again.
The Law on Crime of Violation of a Protection Order, C.R.S. 18-6-803.5, in Greeley
In Greeley, the law on Crime of Violation of a Probation Order, C.R.S. 18-6-803.5, states that:
(a) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters, remains on premises, or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order;
(b) Except as permitted pursuant to section 18-13-126 (1)(b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person; or
(c) Violates a civil protection order issued pursuant to section 13-14-105.5, C.R.S., or pursuant to section 18-1-1001 (9) by:
(I) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
(II) Failing to timely file a receipt or written statement with the court as described in section 13-14-105.5 (9), C.R.S., or in section 18-1-1001 (9)(i) or 18-6-801 (8)(i).
To simplify, in cases of Domestic Violence, the victim of the crime will always receive an automatic Protection Order. When the defendant tries to visit, talk to, or just come in contact with the victim, it is considered to be a Violation of a Protection Order. Since the safety of the victim is the upmost concern in these cases, even if the crime was not violent and had nothing to do with guns or weapons, the defendant is not allowed to own or attempt to own a gun, a firearm, or ammunition while the Protection Order is active. Sometimes even the home or a pet is included under the protections of the victim. So, if you and the "victim" live together, you will be forced to move out or you risk committing another crime, Violation of a Protection Order.
Windsor, Erie and Evans Sentence, Punishment and Penalties for Violations of a Protection Order
When someone Violates a Protection Order in Windsor, Erie and Evans, they will be charged with a class 2 misdemeanor. If the defendant has violated the same section of the Protection Order, a former version of it, or an analogous municipal ordinance, then they face a class 1 misdemeanor. However, if the defendant has been convicted of Violating the Protection Order previously, they can be charged with a class 1 extraordinary risk misdemeanor.
The penalties for a Class 2 Misdemeanor in Erie are:
- Serving between 3 and 12 months in the Weld County Jail
- Payment of a fine between $250 and $1,000
The penalties for a Class 1 Misdemeanor in Evans are:
- Serving between 6 months and 18 months in the Weld County Jail
- Payment of a fine between $500 and $5,000
The penalties for an Extraordinary Risk Class 1 Misdemeanor in Windsor are:
- Serving between 6 months and 2 years in the Weld County Jail
- Payment of a fine between $500 and $5,000
Duties of a Windsor and Lyons Peace Officer with a Protection Order
When a Protection Order is issued, Windsor and Lyons Peace Officers are expected to uphold specific responsibilities when handling situations where a Protection Order has been violated. Simply put, the statute states that a peace officer shall:
This can include actions like making an arrest or seeking an arrest warrant for the offender as long as they have probable cause to do so. If Windsor police believe they have probable cause, it is because they have been informed that a defendant has violated or attempted to violate the protection order. The statute also states that when police determine probable cause, they assume what they're being told is the truth. This means, the "victim" could lie to the police in order to get the defendant arrested again. We have seen many cases where this occurs. We have also seen many cases where the girlfriend will tell the boyfriend that she forgives him, but as soon as he does something she doesn't like, she will call the police again. It is not uncommon for "victims" to manipulate the system to watch their ex-boyfriend suffer. This is why if you're ever being accused of Domestic Violence or Violation of a Protection Order, you should always contact our experienced criminal defense lawyers in Greeley to protect you from life-ruining accusations.
Longmont and Boulder Violations of a Protection Order Defenses
Depending on the facts of the case in Longmont and Boulder, there are various defense options available to your Domestic Violence attorney when defending you against Violations of a Protection Order accusations. Some common defenses criminal defense attorneys use are:
- It was a misunderstanding and you didn't actually Violate the Protection Order at all
- You and the victim accidentally came in contact with one another, as you both frequent the same places
- You weren't aware that you had Violated the Protection Order, the document was unclear
- The firearm in your house wasn't yours
It is also possible for your attorney to argue that the issuance of a Protection Order is not necessary. Again, depending on the facts of the case, attorneys may argue that:
- There is no evidence to prove the underlying crime you were charged with
- The story was fabricated / someone lied about what happened
- There wasn't any threat or use of violence
- Any witnesses were mistaken in what they saw / they didn't understand the situation
- There is a difference between being loud and being violent. Being loud does not constitute as violence
- You and your victim don’t qualify as intimate partners to implicate domestic violence laws.
If defenses aren't possible to argue, then it is also common for a skilled attorney to:
- Try to have the evidence suppressed
- Try to win an acquittal at trial
- Attempt to reveal how the "victim" is using the courts to get back at the defendant
Regardless, our skilled defense attorneys can't help your case if you don't contact our office
Johnstown and Dacono Protection Order Misconceptions
Due to pop culture and media representation, there are many misconceptions about Protection Orders that show up in cases from Johnstown and Dacono. People tend to think that when they call the police on their partner, if they don't want to "press charges" against them, the police won't. This is FALSE. Police will always make an arrest when they're called on Domestic Violence call. A Protection Order will automatically be put in place until the completion of the case. That could be until the case is dismissed or they receive an acquittal, or it could be until after the defendant completes all parts of their sentence (jail / prison time + parole). Even if the "victim" doesn't want any of these things to happen, those things will happen regardless. The victim has no control over any aspect of this situation, and often ends up being hurt by the false allegations as much as the accused. Imagine if the wage earner is in jail and can’t pay the rent on an apartment.