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What Happens When a Protection Order Is Violated in Colorado?

In Colorado, protection orders are legal safeguards established to shield victims from further abuse after domestic violence incidents. These orders outline specific actions the respondent is prohibited from taking, often including:

  • Having any contact with the petitioner, whether in person, by phone, text message, or social media;
  • Coming within a certain distance of the petitioner’s home, workplace, or frequented locations; and
  • Possessing firearms.

If you are in immediate danger, call 911. The steps below assume the danger has passed and you are deciding what to do about the violation.

What Happens When a Protection Order Is Violated?

If you have one of the Colorado civil protection orders against someone and believe they have violated it, here is what you need to do:

  • Contact Law Enforcement Immediately: Do not attempt to confront the respondent yourself. Confronting the respondent can escalate the situation and put you in danger. Instead, report the violation to the police with as much detail as possible, including dates, times, and the specific actions that violated the order.
  • Police Action: An officer with probable cause to believe a protection order was violated must arrest the restrained person, or seek a warrant if an arrest is impractical at the time.1 Officers may rely on the state protection order registry when making that decision. Give them the case number or a copy of the order if you have one.
  • Criminal Charges: Violating a protection order is a crime in Colorado, charged as a class 2 misdemeanor. It becomes a class 1 misdemeanor with a prior violation conviction, an order from a criminal case or a stalking allegation, or an intimate relationship between the parties. Conduct that is itself another crime, such as an assault during the violation, is charged on its own.

Who Has to Prove the Violation?

In the criminal case, the prosecution carries the burden of proving the violation beyond a reasonable doubt. You are the key witness, not the party with the burden, but the case is built from what you report and preserve. A violation can also be raised as contempt in the court that issued the order, where you or your attorney bring the motion.2

Essential pieces of evidence may include:

  • Witness statements: Statements from people who directly observed the violation corroborate your account. A neighbor who saw the respondent near your home, or a coworker who witnessed contact at your workplace, gives the court an objective view of the incident.
  • Communication records: Emails, text messages, social media interactions, and voicemails from the respondent are critical evidence. Document every attempt at contact that the order prohibits, and keep screenshots, saved messages, and recorded voicemails in a place the respondent cannot reach.
  • Physical evidence: Tangible items that corroborate your claim, such as objects the respondent left at your property or photographs of damage, strengthen the case. Preserve them as you found them and note when and where you found them.

By gathering and presenting this evidence effectively, you help the prosecution build a strong case against the respondent. Johnson Law Group can walk you through what to keep, how to document it, and how to get it to the right people.

If you are unsure whether what happened counts as a violation, that is a reasonable question to ask before you act. Johnson Law Group offers a no-pressure consultation to review your order and the facts, so schedule a consultation and we will help you decide the next step.

When to Contact a Colorado Protection Order Attorney

Navigating the complexities of protection orders can be challenging, especially when violations occur. Here are situations where contacting a Colorado protection order attorney is worth doing:

  • Uncertainty About Violations: If you are unsure whether a specific action violates your protection order, an attorney can review the order’s terms against what happened and tell you whether it crosses the line.
  • Enforcement and Safety Concerns: If you are having trouble getting the order respected, or the conduct is escalating, an attorney can help. That includes reporting violations, assembling evidence, and communicating with law enforcement and the prosecutor.
  • Disputes Over Order Terms: When the respondent argues the order does not cover what they did, or asks the court to narrow it, an attorney can represent you at the hearing.
  • An Order From Another State: An order issued elsewhere is enforceable in Colorado, and enforcing a protection order across state lines explains what to carry and whether to register it here.

How Johnson Law Group Helps After a Violation

At Johnson Law Group, we understand the emotional distress that comes with a protection order violation. Our priority is your safety and the enforcement of the order the court gave you. We will give you a clear read on what the violation means, what the prosecutor can do, and what you can do in the civil case.

If you need help with a protection order violation, do not wait for the next incident. Johnson Law Group is here to help.

The attorneys at Johnson Law Group handle protection order matters across the state and will explain each option before you choose one. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

Sources

[1] C.R.S. § 18-6-803.5 – Crime of violation of a protection order; penalty classes; peace officer duty to arrest on probable cause | https://law.justia.com/codes/colorado/title-18/article-6/part-8/section-18-6-803-5
[2] C.R.S. § 13-14-106(1)(a) – Violation of a civil protection order is a criminal offense or contempt of court | https://colorado.public.law/statutes/crs_13-14-106
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