Attorney
Reviewed by Ryan Markus, Fort Collins criminal defense attorney and former Colorado State Public Defender.
Violation of a protection order is a crime in Colorado when a person who was personally served with an order naming them as the restrained person, or who acquired actual knowledge of its contents from the court or law enforcement personnel, then commits an act listed in the statute. It is a class 2 misdemeanor, or a class 1 misdemeanor in listed situations.
A protection order can be violated in ways that feel small: a text, a reply to a message, or showing up at a protected location. Sometimes, even if you didn’t know it was protected, you can be charged if you signed a protection order with the location. The charge can still follow, and you may feel it is out of proportion to what happened. You do not have to sort it out alone.
C.R.S. 18-6-803.5 makes it a crime to violate a protection order after you have been personally served with it, or after you have gotten actual knowledge of its contents from the court or law enforcement personnel. The order must name you as the restrained person. Subsection (1) lists the conduct, including contacting, harassing, injuring, intimidating, molesting, threatening, or touching the protected person or protected property; entering or remaining on premises or coming within a specified distance; alcohol or drug use if the order bars it; violating another provision of the order meant to protect against imminent danger to life or health; hiring someone to locate the protected person; and certain firearm and affidavit violations. If you are facing this charge, you can contact us for a confidential conversation.
These are general scenarios that could lead to a charge under this statute.
- A man is served with a protection order at his front door. Two weeks later he sends his former partner a text about their shared dog, and she reports it to police.
- A woman learns in court that an order bars her from coming within a set distance of her neighbor’s home. She later walks her dog past that address and is arrested.
- A man is ordered to turn in his firearms under a mandatory protection order issued in his criminal case. He keeps one and does not file the required signed affidavit or written statement with the court.
After you’ve been charged, it’s very important you immediately start collecting evidence defining the nature of the protection order and the communication in question. There are frequently other issues like joint residency, shared property, or mutual children. An experienced criminal defense attorney can ensure a civil standby, a modified protection order, and ensure any other steps necessary to protect your future.
In this article
- What the prosecution must prove
- Common defenses
- Penalties
- Arrest, bond, and domestic violence consequences
- Sealing your record
- Related offenses
- Full text of C.R.S. 18-6-803.5
- Frequently asked questions
1. What the prosecution must prove
The prosecution must prove items 1 and 2 below, and one of the alternatives in items 3, 4, or 5, beyond a reasonable doubt:
- A protection order identified you as a restrained person.
- You were personally served with the order, or you acquired actual knowledge of its contents from the court or law enforcement personnel.
- After that, you did at least one of the acts listed in C.R.S. 18-6-803.5(1)(a): contact, harass, injure, intimidate, molest, threaten, or touch the protected person or protected property, including an animal; enter or remain on premises or come within a specified distance of the protected person, property, or premises; possess or consume alcohol or controlled substances if the order prohibits it; or violate another provision of the order meant to protect the protected person from imminent danger to life or health, if the order prohibits the conduct.
- Or, you hired, employed, or contracted with another person to locate or help locate the protected person (subsection (1)(b), with an exception in C.R.S. 18-13-126(1)(b)).
- Or, under subsection (1)(c), you violated a civil protection order under C.R.S. 13-14-105.5, or a mandatory protection order under C.R.S. 18-1-1001 that includes terms required by section 18-1-1001(9), by possessing or attempting to purchase or receive a firearm or ammunition while it was in effect, or by failing to timely file a signed affidavit or written statement with the court.
Restrained person
The person identified in the order as prohibited from doing the specified acts (C.R.S. 18-6-803.5(1.5)(c)).
Protected person
The person or persons named in the order as the people it was issued to benefit. It does not include the defendant (C.R.S. 18-6-803.5(1.5)(a)).
Protection order
Includes orders that amend, modify, supplement, or supersede the original order, along with certain older restraining orders and foreign protection orders (C.R.S. 18-6-803.5(1.5)(a.5)(II)).
2. Common defenses
Service or actual knowledge
The statute requires personal service, or actual knowledge of the order’s contents acquired from the court or law enforcement personnel. The prosecution must prove one of these before the conduct occurred.
The order did not prohibit the conduct
Each act must fall within subsection (1), and for the catch-all and alcohol or drug provisions the order itself must prohibit the conduct. The wording of your order matters.
The order does not fit the definition
The order must identify you as the restrained person and meet the definition in subsection (1.5)(a.5). Whether the order was valid and covered what you are accused of can be reviewed.
Identity or the act itself
The prosecution must prove you were the person who sent the message or went to the place. Phone records, account access, and location evidence can be examined.
Consent of the protected person
The restrained person is bound by the order, and the protected person generally cannot change it on their own. A court order changes it. A lawyer can review how this applies to your facts.
Every protection order is signed so that knowledge can be proven. Requesting a copy of the protection order to show it was not signed can prevent a conviction and sometimes even result in the case being dismissed. Other steps such as ordering a transcript from the bond hearing and interviewing any pretrial case managers are important and necessary steps that Markus Law will ensure occurs promptly.
3. Penalties
Under C.R.S. 18-6-803.5(2)(a), violation of a protection order is a class 2 misdemeanor. For offenses committed on or after March 1, 2022, a class 2 misdemeanor carries up to 120 days in jail, a fine up to $750, or both (C.R.S. 18-1.3-501(1)(a.5)).
It is a class 1 misdemeanor if any of these applies:
- You were previously convicted of violating this section, a former version of it, or an analogous municipal ordinance.
- The protection order was issued under C.R.S. 18-1-1001.
- The basis for issuing the order included an allegation of stalking, or the parties were in an intimate relationship.
For offenses committed on or after March 1, 2022, a class 1 misdemeanor carries up to 364 days in jail, a fine up to $1,000, or both (C.R.S. 18-1.3-501(1)(a.5)). For a second or later violation committed before that date, the maximum was six months longer (C.R.S. 18-1.3-501(3)(b)(IV)).
Under subsection (2)(c), any sentence for this violation must run consecutively, not concurrently, with a sentence for a crime involving domestic violence under C.R.S. 18-6-800.3 or a crime listed in C.R.S. 24-4.1-302, except the crimes listed in 24-4.1-302(1)(cc.5) and (1)(cc.6). Municipalities may also enact concurrent ordinances.
4. Arrest, bond, and domestic violence consequences
Beyond the sentence itself, this statute and related law add several consequences.
- Arrest: a peace officer shall arrest, or if arrest is impractical seek a warrant, when there is probable cause that you have violated or attempted to violate any provision of a protection order and you were properly served or had actual notice of the order’s existence and substance (C.R.S. 18-6-803.5(3)(b)). The officer may use discretion for alcohol or drug violations, for failure to file the affidavit or statement under (1)(c)(II), and for catch-all violations only when the order was not issued in a domestic violence case or a case involving crimes listed in 24-4.1-302 (with the (cc.5) and (cc.6) exception) (subsection (3)(b.5)).
- Bond: if you are on bond for a protection order violation and are arrested for another, the prosecutor shall file a motion to revoke the earlier bond, and a warrant may issue if the court is satisfied probable cause exists (subsection (4)).
- Domestic violence: if the underlying facts include an act of domestic violence as defined in C.R.S. 18-6-800.3(1), the court must order treatment after a conviction on such a finding (C.R.S. 18-6-801(1)(a)), and a plea to an offense without the designation is restricted (C.R.S. 18-6-801(3)). A finding can also trigger a firearm relinquishment order under C.R.S. 18-6-801(8).
If you are not a United States citizen, tell your attorney before accepting any plea, because any charge or conviction may have immigration consequences.
5. Sealing your record
Sealing hides a criminal record from the public but does not erase the conviction. Courts, police, and prosecutors can still see it.
If the court found the violation involved domestic violence, the conviction generally cannot be sealed, outside exceptional circumstances (C.R.S. 24-72-706(2)).
Without a domestic violence finding, a class 2 misdemeanor conviction may be eligible after 2 years and a class 1 misdemeanor after 3 years, counted from the later of the end of the case or the end of supervision, with no new convictions and restitution paid (C.R.S. 24-72-706(1)(b)). For a class 1 misdemeanor the prosecutor can object and the judge decides.
If the case is dismissed or ends in acquittal on every count, the law requires the court to seal the record on its own, but courts do not always do this. An experienced criminal defense attorney can make sure it happens.
6. Related offenses
| Offense | C.R.S. | What it covers | Level |
| Domestic violence sentencing | C.R.S. 18-6-801 | Domestic violence – sentencing | Not a separate crime |
| Domestic violence definitions | C.R.S. 18-6-800.3 | Definitions | Not a separate crime |
| Domestic violence evidence of similar transactions | C.R.S. 18-6-801.5 | Domestic violence – evidence of similar transactions | Not a separate crime |
| Domestic violence treatment programs | C.R.S. 18-6-802.5 | Domestic violence – treatment programs | Not a separate crime |
| Central registry of protection orders | C.R.S. 18-6-803.7 | Central registry of protection orders – creation | Not a separate crime |
7. Full text of C.R.S. 18-6-803.5
(1) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person:
(a) (I) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order;
(II) Enters or remains on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises;
(III) Possesses or consumes alcohol or controlled substances if prohibited by the protection order;
(IV) Violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and the conduct is prohibited by the protection order;
(b) Except as permitted pursuant to section 18-13-126 (1)(b), hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person; or
(c) (I) Violates a civil protection order issued pursuant to section 13-14-105.5 by:
(A) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
(B) Failing to timely file a signed affidavit or written statement with the court as described in section 13-14-105.5; or
(II) Violates a mandatory protection order issued pursuant to section 18-1-1001 that includes terms required by section 18-1-1001 (9) by:
(A) Possessing or attempting to purchase or receive a firearm or ammunition while the protection order is in effect; or
(B) Failing to timely file a signed affidavit or written statement with the court as described in section 18-1-1001 (9)(i) or 18-6-801 (8)(i).
(1.5) As used in this section:
(a) “Protected person” means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued. “Protected person” does not include the defendant.
(a.5) (I) “Protection order” means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court, and that is issued pursuant to:
(A) Article 14 of title 13, section 18-1-1001, section 19-2.5-607, section 19-4-111, or rule 365 of the Colorado rules of county court civil procedure;
(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004;
(C) An order issued as part of the proceedings concerning a criminal municipal ordinance violation; or
(D) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises.
(II) For purposes of this section only, “protection order” includes any order that amends, modifies, supplements, or supersedes the initial protection order. “Protection order” also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as defined in section 13-14-110, C.R.S.
(b) “Registry” means the computerized information system created in section 18-6-803.7 or the national crime information center created pursuant to 28 U.S.C. sec. 534.
(c) “Restrained person” means the person identified in the order as the person prohibited from doing the specified act or acts.
(d) Repealed.
(2) (a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, or the basis for issuing the protection order included an allegation of stalking or the parties were in an intimate relationship, the violation is a class 1 misdemeanor.
(a.5) Repealed.
(b) Repealed.
(c) Nothing in this section precludes the ability of a municipality to enact concurrent ordinances. Any sentence imposed for a violation of this section must run consecutively and not concurrently with any sentence imposed for a crime involving domestic violence as defined in section 18-6-800.3 or a crime listed in section 24-4.1-302, except for the crimes listed in section 24-4.1-302 (1)(cc.5) and (1)(cc.6).
(3) (a) Whenever a protection order is issued, the protected person shall be provided with a copy of such order. A peace officer shall use every reasonable means to enforce a protection order.
(b) A peace officer shall arrest, or, if an arrest would be impractical under the circumstances, seek a warrant for the arrest of a restrained person when the peace officer has information amounting to probable cause that:
(I) The restrained person has violated or attempted to violate any provision of a protection order; and
(II) The restrained person has been properly served with a copy of the protection order or the restrained person has received actual notice of the existence and substance of such order.
(b.5) Notwithstanding the requirement in subsection (3)(b) of this section to arrest, or seek a warrant for the arrest of, a restrained person, a peace officer may exercise discretion in determining whether to arrest or seek an arrest warrant for a restrained person or issue a restrained person a summons to appear when a peace officer has probable cause that the restrained person has violated or attempted to violate a protection order by:
(I) Possessing or consuming alcohol or controlled substances pursuant to subsection (1)(a)(III) of this section;
(II) Violating a term included in the protection order to protect the protected person from imminent danger to life or health pursuant to subsection (1)(a)(IV) of this section when the protection order was not issued in a case involving domestic violence as defined in section 18-6-800.3 or a case involving crimes listed in section 24-4.1-302, except for the crimes listed in section 24-4.1-302 (1)(cc.5) and (1)(cc.6); or
(III) Failing to timely file a signed affidavit or written statement with the court pursuant to subsection (1)(c)(II) of this section.
(c) In making the probable cause determination described in paragraph (b) of this subsection (3), a peace officer shall assume that the information received from the registry is accurate. A peace officer shall enforce a valid protection order whether or not there is a record of the protection order in the registry.
(d) The arrest and detention of a restrained person is governed by applicable constitutional and applicable state rules of criminal procedure. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer’s station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made, or the arrested person may be taken to the jail in the county where the protection order was issued. The law enforcement agency or any other locally designated agency shall make all reasonable efforts to contact the protected party upon the arrest of the restrained person. The prosecuting attorney shall present any available arrest affidavits and the criminal history of the restrained person to the court at the time of the first appearance of the restrained person before the court.
(e) The arresting agency arresting the restrained person shall forward to the issuing court a copy of such agency’s report, a list of witnesses to the violation, and, if applicable, a list of any charges filed or requested against the restrained person. The agency shall give a copy of the agency’s report, witness list, and charging list to the protected party. The agency shall delete the address and telephone number of a witness from the list sent to the court upon request of such witness, and such address and telephone number shall not thereafter be made available to any person, except law enforcement officials and the prosecuting agency, without order of the court.
(4) If a restrained person is on bond in connection with a violation or attempted violation of a protection order in this or any other state and is subsequently arrested for violating or attempting to violate a protection order, the arresting agency shall notify the prosecuting attorney who shall file a motion with the court which issued the prior bond for the revocation of the bond and for the issuance of a warrant for the arrest of the restrained person if such court is satisfied that probable cause exists to believe that a violation of the protection order issued by the court has occurred.
(5) A peace officer arresting a person for violating a protection order or otherwise enforcing a protection order shall not be held criminally or civilly liable for such arrest or enforcement unless the peace officer acts in bad faith and with malice or does not act in compliance with rules adopted by the Colorado supreme court.
(6) (a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim’s children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order allocating parental responsibilities with respect to such child or an order for the care and control of the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (6).
(b) For purposes of this subsection (6), “shelter” means a battered women’s shelter, a friend’s or family member’s home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.
(7) The protection order must contain in capital letters and bold print a notice informing the protected person that the protected person may either initiate contempt proceedings against the restrained person if the order is issued in a civil action or, if the order is issued in a criminal action, request the prosecuting attorney to initiate contempt proceedings or the prosecution of criminal conduct.
(8) A protection order issued in the state of Colorado shall contain a statement that:
(a) The order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United States, another state, an Indian tribe, or a United States territory pursuant to 18 U.S.C. sec. 2265;
(b) The issuing court had jurisdiction over the parties and subject matter; and
(c) The defendant was given reasonable notice and opportunity to be heard.
(9) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the protection order is located, if such court is within this state.
Source: C.R.S. § 18-6-803.5 (2026). Statute text current through the 2026 legislative session.
8. Frequently asked questions
Can I be charged if the protected person contacted me first?
The statute makes it a crime for the restrained person to do the listed acts, including contact, after service or actual knowledge of the order. Who started the contact is not an element listed in the statute, but the facts can still matter, so talk with a lawyer about your situation.
Is violation of a protection order a felony?
Under C.R.S. 18-6-803.5(2)(a) it is a class 2 misdemeanor, or a class 1 misdemeanor in the listed situations, such as a prior conviction, an order issued under C.R.S. 18-1-1001, or an order based on a stalking allegation or an intimate relationship between the parties. An exception: under C.R.S. 18-6-801(7)(a), a misdemeanor that includes an act of domestic violence is a class 5 felony if the defendant has three or more prior convictions for offenses that included an act of domestic violence, separately brought and tried and arising out of separate criminal episodes.
Can a violation of a protection order run concurrent to other sentences?
Generally, a protection order is legally required to run consecutive for any case which created the protection order. It is very important that any negotiated resolution considers this to ensure you don’t spend unnecessary time in custody.
What if I never saw the order?
The statute requires that you were personally served, or that you acquired actual knowledge of the order’s contents from the court or law enforcement personnel. The prosecution must prove one of those.
Where can the case be tried?
Under subsection (9), it may be tried in the county where the offense happened or in the county of the court that issued the order, if that court is in Colorado.
Should I talk to someone before my court date?
A lawyer can review the order’s wording, how you were served, and the bond conditions in your case. You can schedule a confidential consultation to go over them.
Talk to a Fort Collins defense lawyer
Markus Legal serves Fort Collins and Larimer County. To talk through a protection order charge, call 970.698.5334 or contact us to set up a confidential consultation.
This article provides general information about Colorado law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change; consult an attorney about your specific situation. Attorney Advertising.