Domestic abuse accusations are taken seriously by the Colorado court system. Violating an order of protection is a class 2 misdemeanor and is punishable by three months to one year in jail, as well as fines ranging from $250 to $1,000.
Violation occurs when someone has been served with a protection order and disobeys it by contacting or coming within the specified distance of the person or persons being protected. If the person to whom the restraining order has been issued has previously been convicted of violating the order, the crime becomes a class 1 misdemeanor and the penalties are more severe and is likely to result in modified sentencing.
No matter why a protection order is put in place, the person to whom it was issued must abide by its terms. Not doing so can result in jail time and steep fines.
What is the Purpose of an Order of Protection?
Orders of protection are issued to protect the well-being and safety of the person protected. If the court deems there have been acts committed by the restrained person that constitute grounds for issuance of a protection order and unless restrained, the restrained person will continue to commit such acts, they will issue the order.
There are several types of restraining orders, including:
Temporary Protection Orders: put in place until a later hearing occurs, usually issued at the county court level
Permanent Protection Orders: long-term orders, put in place after a hearing
Emergency Protection Orders: short-term protection orders given for weekends or holidays when the court is unavailable if the police believe someone is in immediate danger
Protection orders are intended to prevent:
• Assaults and bodily harm
• Domestic abuse
• Emotional abuse of the elderly or at-risk adults
If you need assistance with an order of protection or you have questions about another family law matter, contact Montgomery Little & Soran, PC at 303-773-8100.