Violation of a Protection Order (VPO) is charged in Greeley and Weld County when a person is accused of disobeying any aspect of a civil or criminal protection order. We VERY often see these cases filed while there is a pending Domestic Violence (DV) case. When a person is charged with a crime and the alleged victim is or was an intimate partner, then the Domestic Violence sentence enhancer applies. Any case involving DV in Colorado requires:
- A mandatory arrest; and
- A mandatory criminal protection order.
It does not matter if the alleged victim wants the protection order in place – it is written into law that a protection order is entered prior to the person bonding out of the Weld County Jail. Usually, the judge will start with the protection order being most invasive and preventing any contact between the person charged and the victim. This can be incredibly difficult on the parties, especially if there was no violence involved in the incident and they share a household or children and are all of the sudden not allowed to reside together or communicate. Because of the difficulty, people often risk violating the protection order and are sometimes caught, resulting in an additional criminal case – Crime of Violation of a Protection Order.
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Navigate this blog: What is Crime of Violation of a Protection Order in Weld County? Penalty for Violation of a Protection Order – VPO – in Johnstown and Firestone |
What is Crime of Violation of a Protection Order in Weld County?
The Weld County, Colorado law definition of Crime of Violation of a Protection Order – C.R.S. 18-6-803.5 – is:
(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 or a mandatory protection order issued 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 signed affidavit or written statement with the court as described in section 13-14-105.5 (9), 18-1-1001 (9)(i), or 18-6-801 (8)(i).
While the majority of the time we see these cases related to contact with the protected party – charged under subsection (a), there are various other conditions that violating could result in this crime. Subsection (a) also states ‘or violates any other provision of the protection order.’ So, if the protection order prohibits a person from consuming alcohol (a common condition of the protection order in a DV case), if you are contacted by law enforcement while drunk, you could be charged with VPO.
Penalty for Violation of a Protection Order – VPO – in Johnstown and Firestone
Violating a Protection Order in Johnstown and Firestone is a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Weld County Jail. However, if the person has a previous conviction for VPO, then it is charged as a class 1 misdemeanor, which is punishable by up to 364 days in the Weld County Jail.
If you or someone you love has been charged with Violation of a Protection Order, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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