Violation of a protection order can have serious consequences, and can result in a period of incarceration. Under § 18-6-803.5 C.R.S., violation of a protection order is a class 1 misdemeanor and can be punished with fines up to $5,000 and up to 18 months in jail. Judges typically treat these cases harshly because they do not like seeing individuals violating court orders. These cases are often filed with very little evidence to back up the supposed violation.
Even if the victim gave you permission to contact him/her, you can still be held liable for violation of a restraining order – permission is not a defense. There are, however, numerous defenses to a violation of restraining order charge. One defense is an invalid restraining order – if the protection order was not properly served, or the protection order is otherwise invalid, then the charges can be disputed. Kimberly Diego has successfully worked for the dismissal of violation of restraining order charges in several such situations.
It may also be possible to mitigate your violation of protection order charges by working to have the protection order dismissed. Although this will not result in the dismissal of the charges, it will certainly lead to a more favorable result in your case.