“Violation of a Protective Order” – Colorado Law & Penalties

Violating a protection order in Colorado means knowingly breaking a court order that protects another person after you have been served with the order or received the required notice of its contents. Under C.R.S. 18-6-803.5, this can be a crime even if no one is injured and the protected person agreed to the contact.

Main Points to Know:

• Criminal protection order: Violating a mandatory protection order issued under C.R.S. 18-1-1001 is a class 1 misdemeanor, carrying up to 364 days in jail and/or $1,000 in fines.
• Civil protection order: A first violation is a class 2 misdemeanor, carrying up to 120 days in jail and/or $750 in fines, unless the order was based on an allegation of stalking or the parties were in an intimate relationship. Otherwise, it is a class 1 misdemeanor.
• Prior conviction: A qualifying prior protection order violation conviction makes a new violation a class 1 misdemeanor.
• Common violations: Prohibited calls, texts, messages through other people, entering a restricted location, or violating applicable firearm or alcohol restrictions.
• Permission to make contact: The protected person cannot waive the order. Only the court can change its terms.¹

With these cases, we start by reviewing the exact order and the evidence of the alleged violation. A text message, an unexpected encounter, and a deliberate visit to a prohibited address raise different issues. Our goal is to identify what prosecutors can actually prove and help you avoid another accusation while we fight the charge.

In this article, our Denver criminal defense lawyers will address the following key issues regarding violation of a protection order in Colorado:

• 1. Overview
• 2. Violations
• 3. Penalties
• 4. Arrests
• 5. Defenses
• 6. What should I do now?
• 7. Changes or Dismissals
• 8. Other Consequences
• Frequently Asked Questions
• Additional Resources

1. Overview

Colorado’s protection order violation law covers both civil and criminal orders. It is not limited to domestic violence cases. People also call these protective orders, restraining orders, or no-contact orders.

• Civil protection orders: A person can ask for a civil restraining order even when no criminal charges have been filed. These include temporary and permanent orders.
• Criminal protection orders: C.R.S. 18-1-1001 creates a mandatory protection order for defendants charged under Colorado’s criminal code. It takes effect when the defendant is advised of their rights and informed of the order at arraignment or the first court appearance.²

The basic mandatory criminal order prohibits harassment, intimidation, retaliation, and similar conduct toward victims and witnesses. A complete ban on contact, alcohol restrictions, and other additional terms depend on the order and applicable law.

You can be subject to a civil order and a criminal order at the same time. Getting permission in one case does not necessarily remove a restriction in another.

2. Violations

The protection order’s actual terms determine what conduct is prohibited in Colorado. Depending on those terms, a violation can involve contact, entering a prohibited place, threatening a protected person, or failing to follow firearm requirements. Prosecutors generally do not have to prove that you intended to hurt anyone.³

Can a text, social media interaction, or message through a friend violate the order?

Yes. If your order prohibits direct or indirect communication, a text, email, voicemail, social media message, or message delivered through another person can violate it. A friendly message or apology can still be prohibited contact.

• Do not ask a friend or relative to deliver an apology or persuade the protected person to speak with you.
• Do not use a child to pass messages between adults.
• Do not assume a gift, payment app message, tag, or comment is allowed because it is not a phone call.
• Do not use another account to get around a block.

Merely viewing a public profile is not automatically a violation in every case. We recommend avoiding online interaction with the protected person while we review the restrictions.

Can I go home or pick up my belongings?

A stay-away order can prohibit entering a home even if your name is on the lease or deed. It can also identify a workplace, school, or a required distance from the protected person. There is no universal distance that applies to every Colorado protection order.

Ask your lawyer about a court-approved property pickup or a civil standby that complies with the order. We help clients seek specific arrangements for necessities such as medication, work equipment, and clothing instead of risking an unapproved visit.

What about firearms, alcohol, drugs, and pets?

Applicable orders may prohibit firearm or ammunition possession, require relinquishment and court paperwork, restrict alcohol or controlled substances, and protect animals. Failing to file required firearm paperwork can itself support a violation charge. A gun does not have to belong to you for possession or control to be prohibited.⁴

The law also generally prohibits hiring someone to locate the protected person, subject to a narrow statutory exception. Using tracking technology or spyware can violate applicable restrictions and may trigger new criminal charges.

3. Penalties

Most violations under C.R.S. 18-6-803.5 are class 1 or class 2 misdemeanors. The classification depends on the order, the relationship between the parties, stalking allegations underlying the order, and qualifying prior convictions, as the following table shows.

Protection Order Violation	Colorado Penalties
Violation of a mandatory criminal protection order under C.R.S. 18-1-1001	Class 1 misdemeanor:  364 days and/or $1,000
First civil order violation where the order was based on a stalking allegation or the parties were in an intimate relationship	Class 1 misdemeanor:  364 days and/or $1,000
Other first civil order violation	Class 2 misdemeanor:  120 days and/or $750
Violation after a prior conviction for a protection order violation	Class 1 misdemeanor:  364 days and/or $1,000

Court costs and other lawful financial obligations can be added to the fine.⁵

It may be possible to get probation in lieu of jail. Depending on the case, a sentence may also include treatment, community service, and restitution for proven losses caused by the crime. In domestic violence cases, the court may also order evaluation and treatment.

Can a protection order violation become a felony?

A protection order violation involving domestic violence can become a class 5 felony under Colorado’s habitual domestic violence offender law. This requires at least three qualifying prior domestic violence convictions arising from separate criminal episodes and meeting the statute’s other requirements.

The ordinary class 5 felony range is generally one to three years in prison and/or a $1,000 to $100,000 fine. The prior offenses do not all have to be protection order violations.⁶

Can I face other charges or consecutive sentences?

Yes. Conduct that violates an order may also support charges such as stalking, assault, menacing, or witness intimidation. A violation can also create problems in an existing bond or probation case.

In People v. Dilka, the Colorado Supreme Court held that a criminal protection order violation qualifies as the underlying crime against a person or property for second degree burglary. This makes unlawfully entering a protected residence especially risky, even when someone says they only wanted to retrieve belongings.⁷

The law also requires a protection order violation sentence to run consecutively with a sentence for a domestic violence crime or a qualifying crime listed in Colorado’s Victim Rights Act. Consecutive means one after the other, rather than at the same time.⁸

4. Arrests

Colorado police generally must arrest you, or seek an arrest warrant if arrest is impractical, when they have probable cause of a violation or attempted violation of a protection order. They do not have to witness the incident personally. Witness statements, messages, recordings, and other evidence may establish probable cause.

There are exceptions. Under C.R.S. 18-6-803.5(3)(b.5), officers have discretion to issue a summons in lieu of arrest for specified violations, including certain alcohol or drug violations, specified criminal order firearm paperwork violations, and certain other protective conditions in cases outside the listed domestic violence and victim rights categories.⁹

Release following an arrest depends on the case and applicable bond rules. In domestic violence, stalking, and specified sex offense cases, the court must explain the criminal protection order and obtain the required acknowledgment before release on bail. A judge may impose monitoring as a condition of release, including GPS monitoring.

5. Defenses

Here at Colorado Legal Defense Group, we have represented countless people charged with protection order violations. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries in getting these charges reduced or dismissed.

1. You did not receive the required notice. The law requires personal service or actual knowledge of the order’s contents acquired from the court or law enforcement. Lack of paper service alone is not enough if you received qualifying actual notice.
2. The accusation is false or identifies the wrong person. Messages may come from a different user, screenshots may be incomplete, or a witness may be mistaken.
3. Your conduct did not violate the order. The order may permit a particular form of communication, or the alleged conduct may fall outside its restrictions.
4. The encounter or communication was genuinely accidental. An unexpected encounter is different from deliberately approaching someone. Leaving the situation as soon as possible after an unexpected encounter indicates you had no intent to violate the order.
5. The order was no longer in effect or had been modified. Court records may show that the alleged conduct occurred after a relevant restriction ended.¹⁰

Note that a wrong number call or accidental tap is not an automatic defense; prosecutors can use circumstances, repeated contacts, and the contents of messages to prove knowledge. Also, the protected person’s consent is not a lawful excuse for you to violate it. Finally, believing the original accusation was unfair does not allow you to ignore it.¹¹

Our approach is to compare the exact restriction with the complete evidence, including timestamps, account information, location records, witnesses, and the court’s advisements. A defense supported by records is more useful than a general claim that you meant no harm.

6. What should I do now?

Continue following every active order while the allegation is investigated. An accusation, a pending motion, or the protected person’s change of mind does not suspend the restrictions in Colorado.

1. Stop prohibited contact. Do not send a final apology, explanation, or request to withdraw the report.
2. Save evidence. Preserve full message threads, call logs, receipts, work schedules, and existing location records. Do not delete or edit material.
3. Collect your court papers. Keep the original order, amendments, bond conditions, summons, and upcoming hearing dates together.
4. Speak with a defense lawyer before discussing the allegation with investigators. You can state that you want legal advice before answering questions.
5. Address practical problems through lawful channels. Ask about authorized arrangements for housing, property pickup, child exchanges, and required firearm compliance.

We encourage clients to write down a private timeline for their lawyer while events are fresh. Surveillance video and other useful records may disappear quickly, so identifying them early can make a real difference.

7. Changes or Dismissals

Only the court can modify or dismiss a protection order in Colorado. Fighting the order itself is different from defending an accusation that you already violated it.

• Criminal order: You may apply for modification or dismissal under C.R.S. 18-1-1001. The court considers the governing law and the need to protect victims and witnesses.
• Permanent civil order: The restrained person generally must wait two years after issuance or disposition of their previous motion before filing another motion to modify or dismiss. Additional requirements include a recent fingerprint-based criminal history check. Older orders may require separate analysis.
• Protected person’s request: The protected person may ask the court to modify or dismiss a civil order at any time. Their request does not itself change the order.¹²

Parent-child contact can raise additional issues. Though the central rule remains: While a protection order is active, follow it to the letter.¹³

We focus modification requests on a workable proposal, such as limited written communication or a specific child exchange arrangement. Until the judge approves a change, clients must continue following the existing restrictions.

8. Other Consequences

A protection order violation can affect more than your jail exposure. Depending on the facts and outcome, it may affect background checks, employment, housing, educational opportunities, professional licensing, parenting disputes, and firearm eligibility.

For noncitizens, deportation may be a possibility. Immigration consequences need to be reviewed before entering a plea.¹⁴

Record sealing also depends on the outcome of these cases. Domestic violence-related convictions are generally unsealable.¹⁵

We ask clients about their work, professional licenses, immigration status, and parenting concerns before evaluating a resolution. Avoiding jail may be only one part of protecting your future.

Frequently Asked Questions

What happens if the protected person contacts me first?

If your order prohibits contact, their invitation does not authorize you to respond or continue the conversation. Receiving an unsolicited message is different from choosing to communicate back.

We tell clients to preserve the incoming message and show it to their lawyer. Do not send a reply explaining that you cannot talk if that reply would itself violate the order.

Can I violate a protection order without touching or threatening anyone?

Yes. A prohibited text, voicemail, message through another person, or visit to a restricted address can support a charge without physical contact or a threat.

We review the actual restriction before judging the significance of a message. A friendly tone does not make communication lawful when the order prohibits it.

What if I accidentally run into the protected person?

A genuinely unintentional encounter does not automatically prove a knowing violation. However, approaching the person, communicating, or knowingly remaining within a prohibited distance can create a different situation.

We advise clients to avoid interaction and leave safely as soon as possible. Write down what happened and identify witnesses for your lawyer.

How long does a Colorado protection order last?

Temporary civil orders generally lead to a permanent order hearing within 14 days, but continuances can extend them. Permanent civil orders can remain in effect indefinitely. A mandatory criminal order generally continues until dismissal, acquittal, or completion of the sentence, including probation or parole, unless the court lawfully changes or dismisses it earlier.

We check the docket and the actual order rather than relying on a calendar estimate. The end of a criminal case does not automatically cancel a separate civil protection order.

Can the protected person drop the violation charge?

The protected person can tell the prosecutor what happened and express their wishes, but they do not control whether a criminal charge proceeds. The court controls the protection order.

We handle requests and evidence through appropriate legal channels. Contacting the protected person to persuade them to withdraw an accusation can create another violation or a separate charge.

Can I contact the other parent about our children?

Only if the applicable orders allow that contact. Sharing children does not create an automatic exception to a no-contact rule. Permission to use a parenting app or arrange exchanges must fit the court’s terms.

We help clients request clear instructions for necessary parenting communication. Do not assume a family court schedule overrides a criminal no-contact restriction.

Will a first violation send me to jail?

Jail is possible for a first offense, including a first violation of a civil order. However, a first offense does not automatically require jail. The judge takes into account the order, conduct, criminal history, and applicable sentencing rules.

We examine dismissal arguments and possible alternatives to incarceration while also preparing for the immediate bond issues.

Does moving out of Colorado cancel the order?

No. Qualifying protection orders can be enforced across state lines. Colorado also recognizes qualifying orders issued elsewhere.

We recommend carrying a current copy when relocating and having a lawyer review how to comply in the new state. Distance does not authorize prohibited online or telephone contact.

Additional Resources

For court forms, related legal information, and safety resources:

• Colorado mandatory protection orders – Our guide to orders issued in criminal cases.
• Permanent protection orders in Colorado – Information about civil orders.
• Colorado Judicial Branch: Motion to Modify or Dismiss a Protection Order – Civil protection-order form JDF 397.
• National Domestic Violence Hotline: Create a Safety Plan – Safety planning information.
• DomesticShelters.org – Directory of shelters and support services.
• Joyful Heart Foundation – Resources for family, friends, and supporters.

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