I have seen quite a few new stories lately about children being taken by their biological parent. Many of these news articles refer to this crime as Kidnapping, but often in Greeley, Erie, and Evans it is charged as Violation of a Custody Order, which is a felony in Colorado. This happened just a few days ago in Mesa County, Colorado. A mother was accused of taking her 10-month-old son. No details were given about who had legal custody of the child, but he was taken at around 3:30 p.m. and found just before 6:30 p.m. The mother was charged with Violation of Custody Order and was taken into custody.
Weld County Violation of a Custody Order Lawyer: What is the Definition of Violating a Custody Order?
The Colorado law definition of Violation of custody order or order relating to parental responsibilities – C.R.S. 18-3-304 – is:
(2) Except as otherwise provided in subsection (2.5) of this section, any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony.
(2.5) Any person who, in the course of committing the offenses described in subsections (1) and (2) of this section, removes a child under the age of eighteen years from this country commits a class 4 felony.
Basically, by taking your child when you do not have any legal custody or if it is not your parenting time per an agreement signed by the Weld County Court, you could face the criminal charge of Violating a Custody Order in Weld, Morgan or Logan County.
What is the Sentence / Punishment for Violation of Custody Order in Greeley and Fort Morgan, Colorado?
As it states in the statute, Violation of a Custody Order can be charged as a class 4 or class 5 felony. The class 4 felony Violation of Protection Order is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. The class 5 felony charge for Violating a Protection Order is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. There is an affirmative defense with this crime that the parent felt that the violation was necessary to protect the child from harm. However, one must be able to provide proof to the Court that the child was at risk of being harmed.
If you or someone you love has been charged with Violation of Custody Order, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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