When you are charged with Violation of a Custody Order in Weld County, you need an experienced criminal defense lawyer to fight for your rights. Recently, a case was found in Colorado news when a man in Idaho who was the non-custodial parent, took his six year old daughter and brought her to Denver. The child was missing for one week while with her father. The girl was returned to her mother in Idaho and the man is awaiting charges. These cases in the news are often described as Kidnapping cases, however in Weld County they would be charged as a Violation of Custody Order.
What is Parental Kidnapping or Violation of a Custody Order in Greeley, Colorado?
In Greeley, Colorado, Parental Kidnapping or Violation of a Custody Order relating to parental responsibilities – C.R.S. 18-3-304 – is:
(1) Except as otherwise provided in subsection (2.5) of this section, any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child’s parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child commits a class 5 felony.
(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.
To simple state this felony custody crime, any time a parent takes their child when they know it is not their parenting time or when they do not have legal custody, they will be charged with Violating of a Custody Order. We all love our children and are greatly saddened when we can’t see our kids. To prevent people from violating visitation and custody orders from judges, Colorado has this law which makes it a felony to take and hide your kids from another parent.
What is the Punishment / Sentence for Violation of a Custody Order in Weld County?
The punishment / sentence in Weld County for Violation of a Custody Order differs depending on whether it is charged as a class 4 or class 5 felony. The class 4 felony is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. The class 5 felony for Violating a Protection Order is punishable by up to $100,000 in fines and 1 to 3 years in the DOC.
What is the Defense for Parent Violating a Custody Order in Weld County?
The defense for a charge of Parent Violating a Custody Order in Weld County, involves an affirmative defense. This means one which, if offered to a jury, requires the district attorney to disprove the defense. Here, the affirmative defense is stated, “It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child.” In short, this means that the parent was protecting the child from harm. For this defense to work, the parent must be able to prove that he or she REASONABLY believed the child was at risk of harm. What is reasonable differs greatly and depends on the circumstances of the case. We expect that minor harm being suffered, like emotional abuse, would not qualify as an acceptable belief of harm.
If you have been charged with Violation of Custody Order, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image credit: Pexels.com