No Contact Order Colorado FAQ:
If I Have A Restraining Order Against Someone Can I Contact Them?
Absolutely not! Many people with an active protection order against someone else will end up with a criminal charge for violating that Colorado no contact order. The rules of a no contact order apply the same to the plaintiff (victim) as they do to the defendant – NO CONTACT is allowed. In obtaining a restraining order against the defendant, you have certified to the state of Colorado that any contact with the defendant is dangerous to you, and that you are so frightened of the other person that the state must order the defendant to have no contact with you.
No Contact Order Violation – Why Does It Happen So Often?
Protection orders are often obtained “in the heat of the moment”, so later when emotions cool, you send the alleged victim a simple “are you doing ok” text. Just like that, you have a separate charge (typically criminal) filed against you by the prosecuting attorney. The terms of a Colorado no contact order (including a TRO – Temporary Restraining Order) are clear – there will be NO contact between the parties to the case until the protection order is dismissed by the court.
What Is A No Contact Order? (Protection Order)
A “no contact” order is a restraining order that specifically means that a defendant have any contact with the alleged victim for the duration of the criminal proceedings. A Colorado no contact order forbids a defendant from having any interaction with the victim in the case.
Prohibited forms of contact include:
- All forms of social media
- Instant Messaging
- Indirect contact using a third party. For example: Using a family member or friend to convey a message.
A Colorado no contact order issued by the court is a clear cut, black & white legal decree that there will be NO CONTACT between the plaintiff and the defendant. This decree does not have any “grey area” or tolerance for violation. While this absolute clarity is great for law enforcement and the court, failing to follow no contact order rules to the letter can set up both defendant and victim for utter failure. The harsh reality is if you have been ordered to have no contact with another person in a criminal or civil action and violate that no contact restraining order, a separate charge (usually criminal) will be filed against you.
What Happens If The Victim Violates A No Contact Order?
Be advised that the court will not entertain a defense of “well she contacted me first” if the alleged victim contacts the defendant and the defendant responds in any way – the defendant will be prosecuted on a separate Violation of Colorado No Contact Order charge. And the alleged “victim” will also be prosecuted under the same statute as they have clearly violated their certified claim to the court.
This scenario happens in a lot of cases, so we advise our clients to protect themselves by not responding to ANY attempts by the other party to contact you and to immediately contact us for guidance.
What Happens If I Get A Protection Order Violation?
In short, nothing good. The number of active criminal charges against you has now doubled, and all the hard work your amazing Colorado Springs domestic violence attorney has put in to obtain a favorable conclusion to your initial criminal charge is now in serious jeopardy.
If convicted in Colorado of violating a civil restraining order (Divorce cases), you will be subject to a minimum of 3 months, up to a maximum of 12 months of jail time – plus a fine of up to $1,000.
If convicted in Colorado of violating a criminal protection order (Domestic Violence cases), you will be subject to a minimum of 6 months, up to a maximum of 24 months of jail time – plus a fine of up to $5,000.
An arrest for a crime of domestic violence means there is an automatic restraining order against you. This order means that you must not contact the victim in any form for at least 30 days. It is imperative to fight or amend a protection order as soon as possible, as even minor breaches of an injunction have serious consequences.
It is essential to know that a temporary contact ban is not valid until proper legal service to the defendant has occurred. If there is sufficient evidence, the no contact order can be modified and extended. When a no contact order is in force, the alleged offender has the right to appear in court to defend himself after being informed of the no-contact order.
If you have a valid protective order or injunction from a court in your state, the courts and Colorado law enforcement agencies enforce them. If you are a victim of domestic violence, you need specific and personalized legal advice. Anyone wishing to bring a claim or who is currently subject to one should seek legal advice. We have read here a general introduction to protective orders in Colorado, but a civil injunction against you is the first step in the legal process so that both parties can contact you.
There is no limit to the number of times you can submit a no-contact order in Colorado, and there is no limit to the number of no contact orders issued. If another person has abused you or if the abuse or unlawful act occurred in the district where it happened, you must apply for a contact block in that state.