Can You Accidentally Violate A Protection Order In Colorado?

In this article, you can discover…

• What happens when you accidentally violate a protection order.
• How to respond if the protected party reaches out to you first.
• Steps to handle social media and texting in light of a protection order.

What Counts As An Accidental Violation Of A Protection Order Under Colorado Law?

If you do not know that a protection order is still in place or do not understand the terms of the protection order, you could find yourself accidentally violating the order by making a phone call, texting that person, or otherwise reaching out.

These count as accidental violations of the protection order, and could bring serious legal consequences.

What Happens If You Accidentally Encounter The Protected Person In Public?

On its face, accidentally running into a protected party in public is not illegal. However, how you respond to the encounter is very important. It is best, once you notice the protected party, to remove yourself from the situation. Do not look at, talk with, or engage with the other party. Simply walk away.

Though the situation is not really fair, you will be the one to get into trouble if you respond to a protected person’s provocations or attempts at contact. Removing yourself from the situation is the best way to respond.

Furthermore, if a protection order requires you to not be within 100 yards of a person, you must remove yourself from any situation that puts you in violation of that order, even if the encounter was unexpected or not initiated by you. After you have removed yourself from the situation, reach out to your attorney for guidance.

Can You Be Charged With Violating A Protection Order If The Protected Person Contacts You First?

Yes, and this type of situation is quite common. For example, a couple might get into a fight, and the girlfriend issues a protection order against the boyfriend. Later, she has second thoughts and calls him. But should the boyfriend pick up that call when there’s a protection order in place, he is now guilty of violating it.

Who initiated the contact or what their intentions are is not legally relevant. There are no expectations to this statute, and it is extremely important not to violate a protection order under any circumstances, even if the protected party reaches out.

Attorneys Jim and Christina Zorrilla are focused, experienced criminal defense attorneys serving Colorado. With over 20 years of combined experience, they’ve helped countless clients just like you navigate protection orders and avoid self-incriminating behavior.

Have questions, or in need of legal guidance? Reach out to The Zorrilla Law Firm for a free initial consultation today.

What If I Did Not Know A Protection Order Was Active Or In Effect?

One of the most important elements of determining if a protection order was violated is establishing that it was knowingly violated. If you were not aware of the protection order, believed the protection order had expired, or if the order was modified without your knowledge, this could serve as a helpful and valid defense.

What Should I Do Immediately After Accidentally Violating A Protection Order?

Seek out a criminal defense attorney as soon as possible. Do not contact law enforcement by yourself and potentially incriminate yourself. Allow a criminal defense attorney to help you navigate the next steps and avoid providing evidence against yourself.

An attorney can also advocate in your defense if you falsely believed that a protection order had been canceled or modified and made contact on that basis. Likewise, an attorney can petition the judge to have the order legally modified or canceled.

How Can Using Social Media Lead To Protection Order Violations In Colorado?

If the protection order does not allow any contact with the protected party, direct messaging, commenting on their posts, and even sharing content with the protected party on social media can be a violation of that order.

Be careful not to engage with the protected party by any means; this includes texts, social media interaction, and phone calls.

Still Have Questions? Ready To Get Started?

For more information on accidental protection order violations in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 715-3786 today.