Being accused of violating a protection order in Denver creates immediate legal problems. Colorado treats these allegations as separate criminal offenses, even when they arise from an existing case. A single phone call, text message, or other prohibited contact results in new charges, affects your bond, and complicates your defense.
Dan Butler understands how prosecutors approach these cases because he spent years handling them from the other side of the courtroom.
Before entering private practice, he prosecuted criminal cases for both Colorado's Sixth Judicial District and the Denver City Attorney's Office, including protection order violations. Today, he uses that experience to identify weaknesses in the prosecution's evidence and build practical defense strategies.
If you have been charged with violating a protection order, do not wait for your next court date.
Call 720-615-7106 today for a free consultation with Price Criminal Defense.
Charged With Violating a Protection Order in Denver? Act Fast.
Protection order violations move quickly through the criminal justice system because judges treat compliance seriously. A new allegation affects release conditions, creates additional criminal exposure, and influences how prosecutors handle the underlying case.
Many people believe there must be threatening conduct or violence before criminal charges apply. Colorado law reaches much further. Contact that violates the terms of a valid protection order supports criminal charges even when the contact appears minor.
Early legal representation matters because prosecutors begin collecting evidence immediately. Phone records, text messages, surveillance footage, witness statements, body camera recordings, and social media activity become part of the investigation. Reviewing that evidence early gives your defense the opportunity to challenge inaccurate allegations before the case progresses.
Why Does a Former Prosecutor Make a Difference?
Protection order violations rarely happen in isolation. Prosecutors file these charges alongside domestic violence cases, assault charges, or other pending criminal matters. They also use the alleged violation to argue that stricter bond conditions or additional penalties are appropriate.
Dan Butler understands those strategies because he used to evaluate these cases as a prosecutor. His experience allows him to identify whether investigators collected enough evidence to prove the alleged violation and whether the facts actually support the charge.
His prosecutorial background includes:
- Deputy District Attorney in Colorado's Sixth Judicial District.
- County Court Supervisor, overseeing misdemeanor prosecutions while mentoring attorneys.
- Assistant City Attorney prosecuting criminal offenses, including protection order violations.
- Assistant Director of Prosecution and Code Enforcement, supervising attorneys handling criminal cases for the City of Denver.
That experience helps identify legal and factual issues that deserve careful review before important court hearings.
What Types of Protection Orders Exist in Colorado?
Colorado courts issue several different protection orders, and violating any of them create criminal consequences.
| Protection Order | When It Is Used | Typical Duration |
| Emergency Protection Order | Issued after emergencies when courts are closed to provide immediate protection. | Generally remains in effect until the next court session. |
| Temporary Civil Protection Order | Entered by a civil court while a request for a permanent order is pending. | Remains in effect until the scheduled court hearing. |
| Permanent Civil Protection Order | Issued after a court hearing when statutory requirements are met. | Remains in effect until modified or terminated by the court. |
| Criminal Protection Order | Entered during a criminal case, including domestic violence prosecutions. | Usually remains in effect while the criminal case is pending unless modified by the court. |
Although these orders arise from different legal proceedings, each creates binding court orders that must be followed. The specific restrictions vary depending on the order, but violating any valid order leads to criminal prosecution under Colorado law.
What Counts as Violating a Protection Order?
The exact restrictions depend on the language contained in the protection order. Reading the order carefully is essential because prohibited conduct extends beyond face-to-face encounters.
Examples of conduct that violate a protection order include:
- Calling or texting the protected person.
- Sending emails or social media messages.
- Contacting the protected person through friends or relatives.
- Appearing at the person's home, workplace, or school when prohibited.
- Failing to follow firearm restrictions contained in the order.
Many people assume they cannot face charges if the protected person initiated the contact. Colorado law does not automatically excuse a violation for that reason. The person subject to the order remains responsible for complying with the court's restrictions until the court changes or terminates the order. Understanding exactly what the court prohibited helps avoid additional criminal allegations.
What Are the Penalties for Violating a Protection Order in Colorado?
Colorado makes violating a protection order a separate criminal offense under C.R.S. § 18-6-803.5. A conviction carries penalties independent of the underlying criminal case and affect how the court views future requests involving bond or sentencing.
For many defendants, the new charge creates a second legal problem that must be defended at the same time as the original case.
The penalties generally include:
- First Violation: Class 1 misdemeanor typically punishable by jail time and a fine of up to $1,000.
- Certain Repeat or Aggravated Violations: More serious allegations may result in felony charges under Colorado law.
- Bond Consequences: A judge may revoke or modify bond conditions after an alleged violation.
- Impact on the Underlying Case: Prosecutors argue that an alleged violation demonstrates an unwillingness to follow court orders, which influence plea negotiations and future court proceedings.
The prosecution still bears the burden of proving that a valid protection order existed, that the defendant knew about the order, and that the alleged conduct violated its terms.
How Can a Denver Protection Order Violation Lawyer Defend These Charges?
Every protection order violation case depends on the exact language of the order and the facts surrounding the alleged contact. A careful review reveals issues that deserve closer examination before the case reaches trial.
Several defenses appear regularly in these cases.
Lack of Knowledge of the Order
The prosecution generally must prove the defendant knew about the protection order and its restrictions. Questions about service, notice, or the specific language of the order become important issues.
Contact Initiated by the Protected Person
Although contact initiated by the protected person does not automatically excuse an alleged violation, it provides important context when evaluating the circumstances of the allegation and the evidence available to prosecutors.
Challenging the Alleged Conduct
Not every interaction violates a protection order. Prosecutors must prove that the specific conduct actually fell within the restrictions imposed by the court. Reviewing messages, surveillance footage, phone records, and witness testimony clarifies what occurred.
Procedural Problems
Sometimes the police investigation was flawed and can lead to evidence being excluded. Identifying those issues early gives the defense more opportunities to challenge the prosecution's evidence.
A defense begins by examining the court order line by line and comparing its requirements to the available evidence rather than assuming a violation occurred.
Frequently Asked Questions
What happens if I accidentally violate a protection order in Colorado?
Colorado law does not create an automatic exception for accidental contact. Prosecutors evaluate the facts surrounding the alleged violation, including whether the conduct violated the order's specific terms. Speaking with an attorney promptly helps protect your rights.
Can a protection order violation be expunged in Denver?
Generally, no. Adult criminal convictions for violating a protection order are not expunged under Colorado law. Depending on the outcome of the case and the applicable statutes, some records become eligible for record sealing, but expungement is generally unavailable for adult criminal convictions.
What if the protected person contacts me first?
The safest course is to continue following the court order. A protected person's decision to initiate contact does not automatically eliminate criminal liability for the person subject to the order. Only the court may modify or terminate the restrictions.
Speak With a Denver Violation of Protection Order Lawyer Today
Dan Butler understands how cases develop because he prosecuted protection order violations before defending people accused of them. His experience provides valuable insight into how prosecutors evaluate evidence and where weaknesses exist in the state's case.
If you have been charged with violating a protection order in Denver, speak with a Denver Violation of Protection Order Lawyer as soon as possible. Call 720-615-7106 or complete the online contact form to schedule your free consultation with Price Criminal Defense.