What is Considered a Violation of a Restraining Order?
Sometimes courts will issue restraining orders with little to no regard for the arguments and claims from both the restrained party and the protected party. Because the parties involved may have little say as to the effect and imposition of a restraining order, a protected party might unwittingly induce the restrained party into violating the order under the mistaken belief that the court will lift it.
A violation can occur as a result of a simple phone call from the restrained party to the protected party. This can be a difficult situation for defendants who are consequently barred from having contact with their children.
However, an experienced restraining order defense attorney can help the parties subject to a protective order find a compliant method of communicating that does not risk causing a violation of the order.
Facing Charges for Violating a Restraining Order?
If you are facing charges for violating a restraining order, you should speak with an experienced Denver criminal defense attorney regarding your rights and available legal options. A charge for violating a restraining order has the potential of turning a bad situation worse. Successive convictions for violating restraining orders can result in escalated criminal penalties. As a result, you should seek legal representation from a skilled Denver restraining order violation attorney to assist you.
At Trial Lawyers & Legal Services of Colorado, LLC, our legal team can help you understand that the legal implications of certain actions with regard to complying with a restraining order. Don’t let law enforcement or a person protected under a restraining order trick you into violating a protective order. We are dedicated to providing you with professional legal advice regarding how to handle restraining orders, ensuring your legal rights are preserved and your best interests protected.
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Violation of Restraining Orders in Colorado
Under Colorado Law, a restraining order (also known as a “protective order”) means “any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person…or from entering or remaining on premises, or from coming within a specified distance of a protected person…”
A knowing violation of a restraining order constitutes a class 2 misdemeanor for first offenders. This may come punishable with a jail sentence ranging from 3 months to a year. Fines for first offenses can range from $250 to $1,000. If you are charged with a crime while in violation of the restraining order, you will be prosecuted for the crime separately. If a protection order has already been established, then offenses such as stalking may be punished more severely.
If you are out on bond, then the protection order is most likely tied to a condition of that bond. Further violations could result in your arrest and/or forfeiture of the bond. Criminal charges may also result from a violation of bail bonds.
Second and subsequent convictions for violating a restraining order can be upgraded to class 1 misdemeanors with “an extraordinary risk of harm to society,” potentially resulting in an additional 6 months jail sentence.