If you’re wondering what happens if the victim violates the order of protection in Colorado. Now, it is crucial to understand the implications it will have on all sides, whether in a civil or criminal matter. This can make quite a considerable difference in your case when you truly understand how these orders work and the consequences that may emanate from violations. McAdams Law Office helps clients build confidence while navigating sensitive legal situations regarding the question, “What happens if the victim violates the order of protection Colorado?”.
An order of protection, also called a restraining order, is a court order designed to prevent specific acts against someone considered a “protected person.” According to the Colorado Judicial Branch, a protection order can prohibit harassment, physical abuse, stalking, or even coming within a specified distance of the protected person or their residence.
Colorado law provides different types of restraining orders depending on the circumstances. Let’s break these down:
A civil protection order is frequently utilized in personal or family conflicts. These legal measures protect individuals from threats, violence, harassment, intimidation, or other harmful actions that may jeopardize their well-being.
This type of order is issued during criminal proceedings. It protects victims and witnesses from intimidation, threats, harm, harassment, undue pressure, or other actions that could compromise their safety or emotional well-being. At the same time, the legal case is actively ongoing.
A mandatory protection order is automatically issued in criminal cases to prevent defendants from contacting victims. A no-contact order, while similar, specifically prohibits any form of communication, interaction, or physical contact with the protected party at any time, regardless of circumstances or consent from either party involved.
Yes, the victim can technically violate the terms of an order of protection. While these orders are primarily issued against defendants or restrained individuals, victims must also adhere to certain provisions. For example, if a victim initiates contact with the restrained person, it could complicate the legal process.
Colorado courts and law enforcement work together to monitor violations. Law enforcement may rely on reports from the restrained party or evidence of contact initiated by the victim. Modern technology, such as GPS monitoring, video surveillance, or electronic communication records, can ensure compliance and accountability.
Courts rely on evidence to determine if a no-contact order is violated. This may include phone records, witness testimony, or even recorded communications, as well as physical evidence when available. In cases where the victim’s actions contribute to a breach, the court examines the context and circumstances to decide the appropriate response.
¨We’re not just a business in Weld County; we’re a part of the community. Living and working here, we’re dedicated to supporting the people of Greeley. Our office is right by the courthouse, deep in the heart of the local legal scene. With over 140 jury trials in 20 years, our experienced attorneys understand that everyone deserves respect and a strong defense, no matter the situation¨
Violating an order of protection in Colorado carries serious consequences. These penalties vary depending on the type of violation and its severity.
The penalties for violating an order of protection depend on whether the offense is classified as a misdemeanor or a felony.
Class 1 misdemeanors are the most severe misdemeanor charges in Colorado. Violations can lead to up to 18 months in jail, fines reaching $5,000, or both.
Class 2 misdemeanors carry lighter penalties, including jail time of up to 120 days and fines of up to $750.
The jail time for violating an order of protection depends on the specific circumstances of the violation and the charges filed. Repeat offenses, violations involving violence, or breaches of court mandates often result in significantly harsher sentences. Courts may also impose additional penalties such as probation, mandatory counseling, community service, or other corrective measures to address the situation.
Victims can face legal consequences if they violate provisions of a no-contact order. For instance, if a victim knowingly interacts with the restrained person in violation of the order, they could complicate their case or undermine legal protections.
If you’re dealing with issues surrounding an order of protection, McAdams Law Office is here to provide expert guidance. Our experienced attorney can help you understand your rights and navigate the legal complexities of your case. Contact us today at (970) 353-0000 or visit us at 822 7th Street, Suite 530, Greeley, CO 80631 for personalized advice and support.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.