Violation of a Protection Order is often a secondary case charged after a Domestic Violence offense in Greeley and Weld County. Frequently, we see our clients charged with a DV offense, like Harassment or Obstruction of a Telephone Service and with that Domestic Violence charge, a mandatory protection order is entered. This order prevents the person charged from having contact with the alleged victim. If there is contact, like a text, email, phone call or meeting in person, then Violation of a Protection Order is charged. This means the person goes from having one active criminal case to two – just like that! Sometimes the violation case is accidental – for example, you get pulled over and law enforcement realize that your wife or girlfriend is in the car and they are the protected party in the protection order. Other times, it can be on purpose, where you are communicating with your boyfriend or husband against the order and you say something they don’t like, so they call police to report the violation.
Weld County Violation of a Protection Order Lawyer: How is Protection Order Violation Charged in Colorado
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).
As you can see, this crime is also charged if you fail to comply with the firearm relinquishment requirement. When arrested for a DV offense, you have to report any firearms that you own and have a certain period of time to transfer them to someone else through proper channels and file the proof with the court. If you do not complete this process, you can face a new Protection Order Violation case.
Sentence for Protect Order Violation Conviction in Mead and Erie
If you violate a mandatory protection order entered in a Domestic Violence case, then it is charged as a class 1 misdemeanor. This level misdemeanor 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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