In Colorado, a mandatory protection order (restraining order) will be issued if there is a criminal domestic violence case. You may hear a mandatory protection order referred to as an MPO. A violation of it is a separate criminal offense. An MPO will stay in effect until the criminal domestic violence case is resolved. Here, our Montrose defense lawyer explains the rules for mandatory protection orders in domestic violence cases and provides a guide to handling a violation of a protection order charge in Colorado.
What is an MPO and How Does it Work in Colorado
First and foremost, it is important to understand what a Mandatory Protection Order (MPO) is and how it works. Courts in Colorado must automatically enter an MPO in all criminal cases that involve domestic violence. The court has no discretion on the initial issuance of an MPO. As the name suggests, it is mandatory as a matter of law. The key statute is C.R.S. § 18-1-1001. It governs MPOs and sets the baseline rules. The purpose of these orders of protection is preventive. The state wants an immediate barrier between the accused and the alleged victim while the case moves forward. To be clear, that barrier applies under Colorado even when the accused strongly asserts their innocence. An MPO is a procedural requirement. It does not mean that you are being judged as being “guilty” of the offense. If there is a domestic violence charge, an MPO will be entered.
A Note on the Scope and the Timing: A Mandatory Protection Order takes effect at the first court appearance. The terms vary somewhat from case-to-case, but the core restrictions stay consistent. The order bars contact with the alleged victim. An MPO can restrict residence access and communication. In some cases, an MPO will prohibit alcohol consumption. There are also some cases in which an MPO will mandate that the defendant surrender any firearms. People often underestimate how broad the restrictions put in place by an MPO can be.
Colorado Courts Can Modify an MPO During the Case (Only Under the Right Conditions)
As noted previously, the court will have no discretion in regards to putting the initial MPO in place. If there is a criminal domestic violence case, it is mandatory under state law. However, Colorado allows a defendant to request a modification of the MPO. That is not to say that getting a modification is easy. You need a specific reason and a legal argument.
Your Colorado domestic violence defense lawyer can file a motion and present evidence that the alleged victim does not need the full scope of protection. The court will evaluate credibility, the facts of the allegation, any history of violence, and the wishes of the alleged victim. Modification can allow limited contact, third-party communication, or even permission to return to a shared residence. It could also drop restrictions on alcohol consumption and allow for the return of firearms.
Key Point on Modifications: In determining whether or not an MPO should be modified, a court in Colorado is not focused primarily on the guilt or innocence of the defendant in regards to the underlying domestic violence case. Instead, the core criteria to be evaluated is “risk.” A court will not modify an MPO if it creates unacceptable additional risk for the alleged victim.
Handling a Protection Order Violation Charge in Colorado
Mandatory Protection Orders are legally enforceable in Colorado. If they are violated, that is a breach of criminal law. The violation of an MPO triggers a new, separate criminal case. Indeed, new cases can operate independently of the domestic violence charge. Prosecutors treat violation cases aggressively because the state sees them as proof of noncompliance. The penalties for violating an MPO can include jail time, fines, and probation. It is possible that a person could be innocent of an underlying domestic violence charge but still convicted of a separate criminal offense because he or she breached the terms of an MPO. It is a serious matter. Indeed, you need to approach a violation charge with the same seriousness as the underlying domestic violence case. Here is a step-by-step overview of what you should do if you are facing an MPO violation charge:
- Determine the Nature of the Alleged Violation: You need to know exactly what you are being accused of; otherwise you will not be able to defend yourself against the charge. The state might claim direct contact, indirect contact, presence at a prohibited location, communication through a third party, or alcohol consumption. Each category triggers a different defense strategy. The first task is reading the specific terms of your MPO. In Colorado, courts do not use identical wording. A narrow MPO opens more defense angles. A broad one still leaves room to challenge the accusation. Your Colorado domestic violence defense lawyer can help you review the MPO and the allegations.
- Challenge the Evidence and the Intent: Here is one of the big things to remember in MPO violation cases: Colorado requires proof that the defendant knowingly violated the MPO. That intent element is important if you are facing a charge for a violation. The state must show you understood both the order and the conduct. Your Colorado domestic violence defense lawyer can attack the state’s claim that you had intent. Intent can sometimes be difficult to prove. Text messages can lack context. Location data can be inaccurate. Social-media contact can be fabricated or misunderstood. Third-party contact can occur without your involvement. The specific evidence always matters. As with other criminal charges, the burden of proof rests on the shoulders of the prosecution.
- Allow Your Attorney to Use the Underlying Domestic Violence Case Strategically: A domestic violence charge and an MPO violation charges are two separate criminal offenses. With that being said, an alleged MPO violation does not exist in isolation. It sits on top of the domestic violence case. That gives your Colorado criminal defense additional options for building a defense strategy. Even though they are separate cases, the reality is that every move in one case affects the other. A comprehensive defense strategy is a must. Colorado prosecutors understand the relationship between the two cases. You need an attorney who does as well.
- Move for Modification of the MPO: In some cases, facing an alleged violation of an MPO is the right time to move for a modification of the terms. In Colorado, a pending charge for a violation does not automatically block modification. Your Colorado criminal defense lawyer can still move for a tailored order that fits the facts. Some judges will consider modification if the allegation of violation appears weak or if the alleged victim supports contact. It could be the right way to resolve the matter.
Why Work With Brent Martin
A mandatory order of protection for domestic violence is legally enforceable in Colorado. An (alleged) violation of the restraining order can cause serious problems. A conviction could lead to jail time. Brent Martin is a domestic violence defense lawyer with more than twenty years of experience fighting for the rights of defendants in Colorado. Every person is presumed innocent until proven guilty. Your initial consultation with our top Montrose protection violation defense lawyer is a completely confidential, no obligation initial consultation.
Get Legal Help Today
At The Martin Law Firm, our Colorado criminal defense attorney has the skills and experience to defend order of protection violation allegations. If you or your close loved one was accused of violating a restraining order, we can help. Contact us today to arrange your strictly private, no obligation initial case review. With an office in Montrose, we defend protective order protection violations charges throughout the region, including in Montrose County and Delta County.