Are you facing a Violation of a Restraining Order or Protection Order in Greeley, Colorado? When there is a Domestic Violence charge, a Protection Order is also issued. If you violate an order, then you could face a criminal charge of Violating a Protection Order, resulting in jail time and fines. Below, the criminal defense attorneys at the O’Malley Law Office discuss Restraining Orders and Protection Orders and what happens if you are charged with Violation of a Protection Order / Restraining Order. Hiring a leading Weld County Domestic Violence attorney will get you the best outcome in your case.
Legal Definition of Violating a Protective Order, C.R.S. 18-6-803.5, in Weld County
In Weld County, the definition of Violating a Protective Order, C.R.S. 18-6-803.5, is:
(1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:
(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 or 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).
What are the Two Types of Restraining Orders and Protective Orders in Windsor, Colorado?
In Windsor and the rest of Colorado, there are two types of Restraining or Protective Orders. The first is a Civil Protection Order, which is requested by the alleged victim, regardless of whether a crime has taken place. This type of order can last forever, although there are opportunities over time to get it removed. The second type is a Criminal Protection Order, which happens after an arrest and the defendant is charged with Domestic Violence. When Domestic Violence is charged, the court must issue a Protective Order, even if the victim does not want to press charges. This order generally expires at the end of the criminal case and the sentence is fully served.
Examples of Restrictions and Instructions of a Criminal Protection Order in Weld County
A Criminal Protection Order in Weld County is meant to protect the alleged victim and put restraints on what the defendant can do. Some common restrictions and instructions in a Criminal Protective Order are:
- Not to contact, communicate, or visit the victim or their family members
- To vacate the victim’s home and stay away from other places they commonly go
- Relinquish all firearms, ammunition, and weapons
- Do not use alcohol or other controlled substances
Violating any of these or other conditions imposed by a judge can result in other penalties. Generally, a new case will be generated upon an allegation of a violation of a Protection or Restraining Order.
Sentence and Penalties in Eaton, Colorado if You Violate a Protective Order
For a first time Violation of a Protective Order in Eaton, the sentence is a class 1 misdemeanor with penalties of up to 364 days in the Weld County Jail and up to $1,000 in fines. A subsequent Violation of a Protective Order is also a class 1 misdemeanor, but the penalties increase with up to 18 months in jail, and up to $1,000 in fines. It is important to note that if a protection order is violated, the penalties and sentence still apply, even if the defendant is later acquitted of the original criminal charges.
Why Hire a Top Weld County Domestic Violence Attorney?
If you are facing a Domestic Violence charge or are accused of Violating a Protection Order in Weld County Court, it is important to hire a top Domestic Violence Attorney. The attorneys at the O’Malley Law Office have over 30 years of experience in Domestic Violence and Protective Order cases. We can help you navigate the facts of your case and the Weld County Court system.
Have you been charged with Violation of Protection Order, and are headed to the Weld County Courthouse? Be smart, exercise your right to remain silent, and call our defense attorneys promptly. Remember, the Greeley Police are not there to help you – but to build a case against you. They are not your friend. Contact Weld County’s best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Image by Silviu on the street from Pixabay