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Recent changes in Colorado law have added new restrictions and rules of violation to protective orders under specific circumstances. If you are unaware of these changes and under a restraining order, you may not understand the full consequences of violating a protective order in Denver. A skilled protective orders attorney could clarify the recent changes and help you avoid any potential missteps.
Colorado recognizes three protective orders. Emergency orders are issued if law enforcement believes the “restrained” person is a danger to others. Civil protective orders are initiated by an alleged victim who is seeking protection. Criminal orders are filed when a criminal offense has been committed, such as domestic violence, elder abuse, or stalking.
A criminal protection order is mandatory if law enforcement or a judge suspects violence was used to coerce, punish, or control an intimate partner. By law, criminal court judges must issue protective orders in all domestic violence cases, even if the alleged victims change their minds or drop the charges. Police are also authorized to do what is necessary to keep the “protected” person safe, including arresting the restrained party. If you are worried about facing the consequences of protective order violations, reach out to a Denver lawyer for legal advice.
Protective orders prohibit the designated restrained party from harassing, molesting, intimidating, or retaliating against the protected party. Most orders stipulate that the restrained party must adhere to the following:
Judges may add other stipulations to an order if they deem it necessary to further protect someone. A good lawyer could walk you through the stipulations of the Denver protective order against you to avoid any consequences of violating it.
Violating a protective order held against you could result in criminal charges. Violations of civil protection orders are classified as Class 2 misdemeanors that may result in arrest, fines, and jail time. Violations of criminal protection orders are Class 1 Misdemeanors. Repeated violations may lead to more severe charges and penalties. These convictions appear on your criminal record and may negatively impact current and future employment, housing, and finances.
Violating a protective order is a criminal offense and may lead to immediate arrest. Law enforcement has the right to arrest anyone violating an order if they believe the protected party is in imminent danger.
Because protective order violations are Class 2 misdemeanors, if someone is convicted, it could result in up to 120 days in jail and up to $750 in fines. For repeated violations, the charge may escalate to a felony.
If other crimes are committed while violating the order, the charges may include extended prison time. For example, property damage or theft while violating a protective order could be grounds for a felony charge in Denver.
Misdemeanor and felony convictions appear on criminal records. Employers often conduct background checks, and sometimes applicants may be eliminated because a company cannot hire anyone with a criminal record. Similarly, landlords and housing authorities conduct background checks and may view a conviction as a red flag for accepting a tenant.
Protective orders may be issued during domestic and child custody disputes. Judges often consider violations when preparing their rulings. Family court judges may also consider them as evidence when determining custody arrangements and visitation rights, potentially affecting a parent’s time with their child.
The consequences of violating a protective order in Denver may have life-altering impacts that go far beyond a fine and potential jail time. It could impact your employment, housing opportunities, and potentially even your relationships with friends, family, and children. An experienced attorney from Petrash Law could help ensure your rights are protected, and if appropriate, apply for a modification or dismissal of a protection order. Reach out today.