Protection orders – also known as restraining orders – are issued in Greeley and across Colorado whenever a person alleges being a victim of Domestic Violence. If a person violates or breaks the conditions of the restraining order, they can face criminal charges when a Protection Order for Domestic Violence is Violated. It is a misdemeanor offense; however, it should still be taken seriously. Below, our top criminal defense attorneys discuss the charge of Violation of a Protection Order and how we can help you get a positive result in your case.
Colorado Definition of Violation of a Protection Order, C.R.S. 18-6-803.5
In Colorado, the definition of Violation of a Protection 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 in Weld County?
The are two types of restraining orders in Weld County: civil and criminal. A civil protection order is one that is requested by an alleged victim who fears for his or her safety, but there is no criminal case in progress. In the context of Domestic Violence, this takes place when the victim fears that he or she will be harmed by an intimate partner. An “intimate partner” includes a current or former spouse, boyfriend or girlfriend, or co-parent. It is not necessary for a crime to have taken place for a person to request a civil restraining order. Also, civil protection orders generally last longer than criminal protection orders.
Criminal protection orders are issued by a judge any time a person is charged with a crime. This restraining order is to prevent the accused person from contacting the alleged victim or coming within a number of feet of the alleged victim. Criminal protection orders last until completion of the criminal case, including the period of probation. Civil protection orders can be temporary or even permanent. However, they can be modified or dismissed with the help of our top criminal defense lawyers.
Jail Time and Other Punishments for Violation of a Restraining Order in Greeley, Colorado
Violation of a Restraining Order is charged as a class 1 misdemeanor when the restrained person and protected person were in an intimate relationship at any point. Punishments for this offense include up to 364 days in the Weld County Jail and up to $1,000 in fines. In other circumstances, Violation of a Protection Order would instead be charged as a class 2 misdemeanor for the first offense. A defendant charged with class 2 misdemeanor Violation of a Restraining Order would instead be sentenced to up to 120 days at the Weld County Jail and a fine of up to $750.
Why Hire a Top Weld County Criminal Defense Lawyer?
Have you been accused of Violating a Protection Order? The top criminal defense lawyers at the O’Malley Law Office have three decades of experience aggressively fighting for our clients. We will work with the details of your case and get you the best outcome in your case. Don’t wait, call us today to discuss your charges.
If you are headed to the Weld County Courthouse for Violating a Protection Order, be smart, and exercise your right to remain silent. Call our defense attorneys promptly – the Greeley Police are not your friend. They are building a case, and anything you say can be used against you at the Weld County Court. Contact Weld County’s best criminal defense attorneys at 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!
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