While the specifics vary by state, most jurisdictions treat restraining order violations seriously to protect victims. Residents of Colorado Springs, a city in Colorado encircled by picturesque mountains and close to the base of Pikes Peak, have regulations that support this stringent approach and stress the need to follow protective orders.
What Does a Restraining Order Violation Involve?
When the respondent violates the court’s terms, such as contacting, threatening, or approaching the protected person, they are considered to have committed a restraining order violation.
If you’re facing a restraining order violation in Colorado Springs, it’s essential to understand the potential legal consequences and seek proper legal guidance.
Criminal Penalties for Violating a Restraining Order
- Violating a restraining order has serious repercussions. It is a criminal crime, and the type of violation determines the seriousness of the accusation.
Misdemeanor Violations: A first-time restraining order violation is generally classified as a Class 2 misdemeanor. In this case, the offender may face up to 12 months in jail, a fine of up to $1,000, or both. The court may also impose probation or require participation in counseling or other rehabilitation programs to address the behavior that led to the violation. - Felony Violations: If the person violating the restraining order has a prior conviction for the same offense or if the violation involves more serious actions, such as stalking or repeated harassment, the violation may be escalated to a felony charge. This could be classified as a Class 5 felony with more significant penalties. A conviction may result in up to 3 years in prison and a fine of up to $100,000, in addition to other court-ordered penalties.
- Legal Consequences: Those found guilty of violating a restraining order may also face civil consequences. The protected individual may pursue a civil lawsuit against the violator for damages related to the violation. The court may also issue further orders, such as extending the original restraining order or imposing additional restrictions on the respondent’s behavior.
Impact on Future Legal Proceedings
A restraining order violation may significantly impact current legal actions, including custody disputes or divorce cases. It can negatively affect a respondent’s credibility in court, often leading to a more challenging legal situation. In family law cases, such violations can influence custody and visitation decisions, potentially resulting in the loss of parental rights.
Defenses for Violating a Restraining Order
While violating a restraining order is a serious offense, limited defenses are available. The most common defense is that the respondent was unaware of the order’s existence. This is a complex defense to prove in court, as restraining orders are typically served to the respondent directly.
Another possible defense is that the violation occurred accidentally or unintentionally, which is not often sufficient to avoid legal penalties.
Conclusion
In Colorado Springs, breaking a restraining order is a serious offense with potentially harsh punishments. Whether classified as a misdemeanor or felony, the consequences of violating such an order can include jail time, significant fines, and other legal ramifications.
It is crucial for individuals under a restraining order to fully understand the terms and comply with them to avoid the severe penalties that come with violations.
