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A judge issues a protective order, commonly known as a restraining order, following allegations of domestic violence. These court orders prohibit contact between the individuals involved in these incidents, and failing to comply can carry steep consequences.
If you have been accused of a violation, you must speak with a skilled protective orders attorney right away. These accusations can make your existing situation worse and lead to more criminal charges. Reach out to Petrash Law today to discuss the consequences of violating a protective order in Boulder and how to avoid them.
Before you can understand the penalties of breaching a restraining order in Boulder, you must first know that there are two types of orders under state law: civil and criminal. Violating the terms of either type is a crime, but the consequences are more or less severe depending on the relationship you have with the alleged victim.
The courts issue civil protection orders outside of the criminal justice process. This means a person seeks an order for an incident that did not result in an arrest or criminal charges. Violating a civil protection order for the first time could result in up to 120 days in jail and a maximum fine of $750. The maximum jail term increases to 364 days if there are allegations of stalking or if the parties were in an intimate relationship. For second and subsequent offenses, someone could spend up to 18 months in jail and pay as much as $1,000 in fines.
The courts generally issue criminal protection orders after someone is arrested and charged with domestic violence. Violating a criminal protection order carries similar consequences. First-time offenders face up to 364 days in jail and a $1,000 fine. Additional arrests can lead to incarceration for 18 months. It is important to note that offenders could face these penalties even if the underlying criminal case against them is dismissed.
While there is no doubt that the penalties associated with violating a Boulder restraining order are severe, there is a question of whether you must face them. You are entitled to fight these allegations just like in any other legal case. Beating these charges requires the right defense strategy.
You are only guilty of violating a restraining order if you intended to do so. There is a big difference between intentionally making contact with the protected party and simply finding yourself at the same store or other public place as them. The state has to prove that you intended to break the court order.
In some domestic violence cases, allegations are false. This can also be the case with allegations regarding the violation of protection orders. Text messages or other evidence could be valuable in these cases.
The government has to prove its case against you beyond a reasonable doubt, and they are not always capable of doing so. If there is little to no proof that you ever made contact with the other party, your attorney could highlight this lack of evidence at trial.
Accusations of violating a court order are serious, as they could result in an increased risk of jail time or fines. The good news is you have the right to fight back. Contact Petrash Law today to discuss how to avoid the consequences of violating a protective order in Boulder.