Avoid New Charges And Probation When Charged With Restraining Order Violations
If you violate any of the terms of your mandatory protection order CRS 18-1-1001, (sometimes referred to as criminal protection order) then law enforcement will usually charge you with the crime of violation of protection order in Colorado. This crime is usually referred to as a violation of restraining order or restraining order violation in Colorado.
They all sound the same, but they are not all the same. A restraining order violation is actually violation of a civil restraining order, while violation of protection order is actually violation of a criminal protection order. It may not seem like a big deal, and frankly most Denver criminal lawyers have no clue what the difference is, but they are meaningful, especially to our clients who have to pay the penalties and serve the sentences for these crimes.
What Constitutes A Violation?
At Shazam Kianpour & Associates, P.C., the firm represents clients throughout the Denver metro area and Colorado’s Front Range who have been charged with restraining order violations, including:
- Calling, texting or otherwise contacting an alleged victim
- Threatening to harm an individual
- Coming within the protected distance from the person who filed the restraining order
- Having contact with a child they allegedly abused
- Stalking or threatening the alleged victim of domestic violence
The most important thing to know about orders of protection violations is that the alleged violation must have been a knowing violation. You must have been served with the order of protection to be held by it. Additionally, the accuser must have been truthfully afraid for his or her life. It is one thing to claim that someone was harassing you. It is another to make the claim and then call, text, Facebook or otherwise contact that alleged abuser the next day. For these reasons, make no statements to the police before talking with an experienced lawyer.
Criminal defense lawyer Shazam Kianpour understands the different types of restraining orders and defenses against charges of violating them. As a former government attorney, he knows what the courts look for in convicting someone of violating an order of protection and what it takes to convince otherwise. Rest assured that he has the experience, knowledge and skill to obtain a favorable outcome on your behalf.
Violators Can Face Serious Consequences in Denver
Do not take municipal restraining orders lightly. Some of the most brutal jail sentences we have seen in our legal careers took place in municipal criminal court in Colorado.
Remember, municipal judges live in the city that they preside in. They take great pride in that city. At one point, they were probably a council member or mayor pro-tem in that city and they might have helped plan the courthouse. Certainly this is not state court where judges are rotated from courtroom to courtroom, from civil to criminal docket and back again.
The point is, when you violate a municipal restraining order, you are telling the city court judges that you don’t care about their city. This is their city. Their city, their rules, which means you may be going to jail for a very long time if you are not careful.
Most municipal restraining order violations can carry up to one year of jail or up to a $1,000 fine or both. In many instances, the restraining orders can be petitioned and modified to allow contact with the witnesses or alleged victims in the case if they don’t object. You should never believe anybody who tells you the restraining order is modified and you can now contact him or her.
Get the Right Lawyers in Your Corner
Make sure the criminal lawyer you are thinking of hiring for your case is knowledgeable and experienced in these areas. Too often, we see criminal defense lawyers in Jefferson County, Douglas, or Arapahoe counties who have no idea how to advise their clients. That is not a good thing, as their clients will find out shortly.
At Shazam Kianpour & Associates, we make a practice out of perfecting our legal knowledge. We strive to be up to date on all aspects of criminal law that pertain to your case so we can make sure we give you the most relevant and accurate legal advice. Our team of Denver protection order defense attorneys has litigated these cases, taken them to trial, and also settled them whenever necessary.
Our clients generally find that we come at the cases from a position of experience and understanding. Violation of a criminal protection order is a class 1 misdemeanor in Colorado (M1). It carries up to 18 months in county jail and up to a $5,000 fine for each single charge. Often if you are found guilty of this crime, the court will extend the protection order for at least another year, sometimes for the entire duration of probation, even if that’s several more years.
Do Not Wait. The Lawyers of Shazam Kianpour & Associates, P.C., Can Help.
Can you afford to have your protection order extended several more years? Can you afford to serve more time in jail? It’s a good time for a phone call.
Get Legal Help Now From a Colorado Protective Orders Lawyer
Getting legal counsel right away can significantly improve your chances of a favorable outcome in a restraining order violation case. Talk with a Denver restraining order violations defense attorney at Shazam Kianpour & Associates, P.C., today to learn how we can help you. Call the firm’s 24-hour telephone number or contact the firm by email to schedule an initial consultation.