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Colorado Protection Order Violation – C.R.S. § 18-6-803.5

Colorado Violation of a Protection Order Law – C.R.S. § 18-6-803.5 Explained

Colorado violation of a protection order law makes it a separate criminal offense to disobey the terms of a court-issued protection order. Under C.R.S. § 18-6-803.5, a person can face new criminal charges if they knowingly violate a protection order after being served with it or otherwise receiving actual notice of its terms.

Many of these charges arise from misunderstandings about the scope of a mandatory protection orderissued in a criminal case, which is often entered automatically at a defendant’s first appearance.


Need Immediate Help With a Protection Order Violation?

If law enforcement has accused you of violating a protection order, time matters. Early steps can affect bond, charging decisions, and whether additional allegations follow—especially when the alleged violation involves a Colorado mandatory protection order (MPO).
Call now or request a confidential consultation to review the order, the alleged conduct, and your options.


What Is the Crime of Violation of a Protection Order in Colorado?

A person commits the offense of violation of a protection order when they knowingly disobey the terms of a valid court order designed to protect another person or property. Importantly, Colorado law does not require personal service in every situation. Instead, the statute applies if the person:

  • was personally served with the order, or

  • had actual knowledge of the order through the court or law enforcement

In many cases, the order at issue is a court-issued protection order under C.R.S. § 18-1-1001, not a civil restraining order, which can change both enforcement and penalties.


Conduct That Can Trigger a Violation Charge

Under Colorado law, prohibited conduct may include:

Contact or Proximity Violations

  • contacting, harassing, intimidating, threatening, or touching a protected person

  • entering or remaining on prohibited premises

  • coming within a restricted distance set by a no-contact order entered at first appearance

Substance-Related Violations

  • possessing or consuming alcohol or controlled substances when prohibited

Other Order-Specific Restrictions

  • violating any term included to protect the person from imminent danger

Third-Party Tracking or Surveillance

  • hiring another person to locate or track the protected individual

Because orders vary widely, violations often turn on what the mandatory protection order actually says, not what someone assumed it allowed.


Firearms and Protection Order Violations

Firearm-related violations are a common source of new charges. A person may be charged if they:

  • possess or attempt to purchase a firearm while prohibited, or

  • fail to file a required affidavit under a criminal mandatory protection order requirement

These allegations frequently stem from compliance provisions contained in a mandatory protection order issued under C.R.S. § 18-1-1001, even when no violent conduct occurred.


Penalties for Violating a Protection Order in Colorado

The offense level depends on the circumstances:

  • Class 2 misdemeanor (base level)

  • Class 1 misdemeanor if:

    • there is a prior violation,

    • the order was a mandatory criminal protection order, or

    • the case involved stalking or an intimate relationship

Any sentence imposed for a violation may run consecutively, making exposure significantly worse than many people expect.

For a full explanation of consequences tied to the underlying order, see the section on penalties for violating a protection order on the MPO page.


Law Enforcement Duties and Arrest Authority

Peace officers must enforce valid protection orders and may arrest or seek a warrant when probable cause exists. In some situations, officers may issue a summons, particularly for technical or paperwork-related violations.

However, when the alleged conduct involves contact prohibited by a Colorado mandatory protection order, arrest is common.


Common Defense Issues in Protection Order Violation Cases

Many cases turn on legal and factual issues, including:

  • lack of proper notice or actual knowledge

  • ambiguity in the protection order’s language

  • accidental or incidental contact

  • false or exaggerated allegations

  • firearm affidavit or compliance timing issues

A careful comparison between the alleged conduct and the criminal mandatory protection order terms is often central to the defense.


Practical Steps If You’re Accused of a Violation

If police or prosecutors allege a violation:

  1. Do not contact the protected person

  2. Preserve all communications

  3. Avoid trying to “explain” the situation

  4. Review the exact order language with counsel

  5. Address bond and compliance issues immediately

Many people are charged simply because they misunderstood the limits of a court-issued protection order under Colorado law.


Colorado Violation of a Protection Order Law FAQs

Is this charge separate from my underlying case?
Yes. A violation of a protection order charge is prosecuted as a new criminal offense, even if the original case is still pending.

What if the protected person contacted me first?
The order restrains you, not them. Responding can still violate a no-contact provision.

Can paperwork mistakes really lead to charges?
Yes. Firearm and affidavit requirements tied to a mandatory protection order are enforced strictly.


Confidential Consultation

If you are facing allegations under Colorado violation of a protection order law, your defense must address both the new charge and the underlying mandatory protection order issued in your criminal case. Consultations are confidential.
Call today or request a private case review.