Protection Order Violation

Protection Order Violation cases in Aurora are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

A criminal conviction and a civil protection order run on separate tracks, so one does not automatically decide the other. Alexis explains: "so it is possible to have two protection orders issued against you so you can have the criminal protection order so if you're charged for a domestic violence case and you're put into jail and you're going through the criminal court system you have that mandatory protection order on you from the criminal side but then a victim in a case can also file a civil protection order or request a temporary protection order and then get that protection order made permanent so a person can have two different protection orders for the same thing". In her explanation the civil order is something the victim separately files for and then gets made permanent on its own, distinct from the criminal side. That means the two orders exist independently for the same situation rather than one converting the other.

You have a court date in two days and you are anxious to know if it ends there, and Alexis describes how these cases actually move after that first appearance. She explains: "once you get to that final court date where you're getting advised of the charges that are being filed against you you have your protection order then the case starts to move in the normal course and generally what we see at least here in colorado is cases typically are set about three to five weeks out depending on the judge's docket". So that appearance is where you are advised of the charges and your protection order, and from there the case moves into its normal course rather than resolving on the spot. She characterizes the early phase as a hurry up and wait situation, where things happen quickly at first and then get set out about three to five weeks depending on the judge's docket.

How long these restrictions stay in place is tied to your case rather than a fixed calendar, which is why they can run for many months. Alexis explains: "A criminal protection order lasts for the duration of the criminal charged case. Once the case is done, so once someone's gone through and let's say they've gone through probation and they've successfully gone through probation and ended the case, the criminal protection order is no longer in effect." She notes a criminal protection order enters automatically on a domestic violence case, so it is not something you can simply opt out of. It stays in effect until the case is fully resolved, including any probation that follows, and only then is it no longer in effect. She contrasts this with a civil protection order, which has to be actively sought and applied for and can last as long as the person who requested it wants it to last.

You have heard the alleged victim plans to come to court and say she never intended for you to be arrested, but whether she wanted it does not control whether the case continues. Alexis explains: "the spouse didn't want their husband to be put in jail. The problem is, is because the courts are now involved. It's basically out of her hands that she cannot change the fact that it's charged." She describes the common pattern of someone calling the police out of fear or worry and then not wanting their partner jailed, only to find that once the courts are involved the matter is no longer in the caller's hands. In her framing the alleged victim is the protected party and not the defendant, so her wishes do not undo the fact that the case has been charged.

It feels like a clear mistake that should resolve itself, but a recantation or a sign that the arrest was unintended does not make a case go away on its own. Alexis is direct: "just the idea of a victim recanting a statement does not result in an automatic dismissal in fact i have never seen a victim recanting a case and then the d.a dismissed". She explains that what actually happens is the district attorney has to do their own investigation to determine what happened. She does point to one avenue in Colorado Springs, a process called a PPIR, a pre-plea investigative report, where you can talk to a counselor and look at what the underlying situation actually entailed.

A protection order can reach beyond the named adult victim, so it is worth understanding who else it can restrict you from contacting. The firm's guide lists, among the common provisions in a Colorado protection order: "Restraining a person from contacting the protected party or children living in the household." In other words, children living in the household can be covered by the same order, not just your wife. Because the exact terms vary from order to order, the wording of your specific order is what controls who you can and cannot contact.

Staying out of jail while your case is pending comes down to following your bond conditions, and a missed requirement is what can land you back in custody. Alexis is direct: "But you can keep your job, you just have to make sure that you get that UAT done, you get that random sobriety testing done the same day, it's essential that you get it done before that lab closes. Because if you miss any UA, that can be considered a violation of your bond and the judge can put you back into jail." She makes clear you can keep your job, but it depends on meeting your testing obligations on time. Missing a required test can be treated as a bond violation, and that is what gives the judge grounds to put you back in jail.

Right Law Group's guide explains: "It is a misdemeanor for someone to violate a court-ordered restraining order in Colorado."

Whether the missing Miranda warning matters depends on whether the police questioned you while in custody, not simply on the fact of the arrest. Alexis explains: "if you have a case where you were arrested and never read your rights, you may have a violation or you may not." She gives the contrast directly: "So if you're arrested, and they just haul you off to jail, and you don't say anything, they don't ask you any questions. There's no violation there." The trigger, she says, is custodial questioning: "But if they put you in handcuffs, they're taking you to jail and then they start asking you questions about what happened. That is where they have to read your rights." So the answer turns on whether they questioned you after taking you into custody.

Staying in phone contact with the protected person while a no-contact order is active is exactly the kind of thing that can create a brand new case. Alexis explains: "if it comes out that you have been trying to influence that other person in any way, or even that you've been contacting them, you could be charged with a new criminal offense. It's called a violation of protection order, and it's a class one misdemeanor, and then you just have this whole process starting over a second time." She is clear that it is the contact itself, not just any attempt to influence the other person, that can lead to a charge. Alexis describes that new offense as a violation of protection order, a class one misdemeanor, and warns it means the whole process starts over a second time.

Under C.R.S. 18-6-803.5, violating a protection order is a class 2 misdemeanor for a first violation, which since March 1, 2022 carries up to 120 days in jail and a fine of up to $750. It rises to a class 1 misdemeanor, up to 364 days and $1,000, when the person has a prior protection-order conviction or the order arose from an intimate relationship, which covers most domestic-violence protection orders. A violation can also trigger a mandatory arrest. The class depends on the specific facts, so the charging document controls which range applies.

Adams County falls within the 17th Judicial District, and Protection Order Violation cases there are heard in the Adams County Justice Center.

Protection Order Violation cases connected to Adams County are heard in the Adams County Justice Center, part of the 17th Judicial District.

In Denver County, Protection Order Violation charges are handled through the Denver County Court & District Court, part of the 2nd Judicial District. Misdemeanor-level matters are heard on the county-court side and felony-level matters on the district-court side of the same courthouse.

Protection Order Violation charges in Adams County are prosecuted by the 17th Judicial District Attorney's Office, the elected District Attorney for the 17th Judicial District.

The class 1 misdemeanor maximum in C.R.S. 18-1.3-501 is 364 days, one day short of a full year, and that single day is deliberate. Under federal immigration law, several consequences turn on whether an offense carries a potential sentence of 365 days or more. By capping the class 1 misdemeanor at 364 days, Colorado keeps these offenses below that line, which can matter for a noncitizen defendant. This is why current materials state 364 days rather than one year. A summary that lists up to twelve months or one year of jail for a class 1 misdemeanor is using the pre-2022 framing.