Can You Go To Jail For Violating A No-Contact Order In Colorado?
A no-contact order in a Boulder criminal case is a serious court order. If you violate it, you could be arrested again, face new charges, get stricter bond conditions, or even go to jail. Many people make the mistake of thinking it is okay to have contact if the other person reaches out first, sends a message, asks to meet, or says they want the order dropped. This is not true. In Colorado, only the court can change the order, and the protected person’s consent does not protect you from prosecution. We help clients in Boulder and the Denver area who are accused of violating no-contact orders, mandatory protection orders, and domestic violence-related court orders.
What Is A No-Contact Order In Colorado?
In Colorado criminal cases, people often use the phrase “no-contact order” to describe a mandatory protection order. Under C.R.S. § 18-1-1001, Colorado creates a mandatory protection order against a person charged with a criminal offense under Title 18. The order generally remains in effect from the time the defendant is advised of rights at the first appearance or arraignment until final disposition of the case, unless the court changes it.
A mandatory protection order can require you to stay away from the alleged victim, avoid any kind of contact, leave a shared home, avoid alcohol or drugs, give up firearms in some cases, or follow other rules set by the court. The details of the order are important. Some orders ban all contact, while others allow limited contact for things like parenting, legal matters, or property, but only if the court says so. We always tell clients to follow the judge’s instructions and not rely on anyone else’s permission.
Can You Go To Jail For Violating A No-Contact Order?
Yes, violating a protection order can lead to jail. Under Colorado law, C.R.S. § 18-6-803.5, it is a crime to break a protection order if you have been served with it or know what it says. This law also covers violations of mandatory protection orders under C.R.S. § 18-1-1001.
Violating a protection order is usually a misdemeanor, but the level depends on the type of order, your relationship with the other person, any past violations, and the facts of the case. According to C.R.S. § 18-6-803.5, it is a class 2 misdemeanor in some cases. It can become a class 1 misdemeanor if you have a prior violation, if the order is a mandatory protection order under C.R.S. § 18-1-1001, if the order was for stalking, or if you and the other person were in an intimate relationship.
Colorado law, under C.R.S. § 18-1.3-501, sets the penalties for misdemeanors. A class 1 misdemeanor can mean up to 364 days in jail, and a class 2 misdemeanor can mean up to 120 days. Not everyone goes to jail, but the court can choose to put you in custody, make your bond stricter, or give other serious penalties if you are found guilty.
What Counts As Contact?
Contact means more than most people realize. A no-contact order can ban phone calls, texts, emails, social media messages, letters, in-person visits, video calls, and even messages sent through someone else. Indirect contact includes asking a friend, family member, coworker, child, or roommate to pass along a message.
Even a brief message can cause trouble. “I’m sorry,” “please call me,” “can we talk,” “I need my clothes,” or “tell the prosecutor the truth” can all count as contact if the order says no contact. Contact also includes going to the person’s home, work, school, car, gym, or other usual places if you are supposed to stay away. If the protected person reaches out to you first, do not respond unless the court order clearly says you can. The safest choice is not to reply at all.
Why The Protected Person’s Consent Does Not Fix The Violation
One of the most common misunderstandings is that the protected person can “waive” the order. Colorado law does not treat it that way. C.R.S. § 18-6-803.5 specifically notes that a civil protection order is an order of the court and not an order issued by the protected person. The protected person’s consent does not, as a matter of law, create a defense to violation of the order.
This rule is especially important in domestic violence cases. Sometimes couples get back together, a spouse asks the defendant to come home, or a co-parent starts texting again. The alleged victim might even say the case was blown out of proportion. But none of this changes the court order. Only the court can change or end the order. Until then, the restrained person risks being arrested if they have contact.
How A Violation Can Make The Original Case Worse
Violating a no-contact order can hurt your original criminal case. It can give the prosecutor more power, make the judge doubt if you will follow court rules, and lead to requests for bond revocation, higher bond, stricter supervision, alcohol testing, GPS monitoring, or even jail while your case is still going on.
In domestic violence cases, violating the order can help the prosecution argue that the defendant is controlling, reckless, or does not respect boundaries. In other cases like drug, assault, harassment, stalking, theft, or sex crimes, evidence of a violation can still damage your defense. The state can use things like messages, call logs, screenshots, witness statements, doorbell camera videos, location data, or police body camera footage to prove contact happened.
How To Plead The Fifth When Police Ask About A No-Contact Violation
If police ask whether you texted, called, visited, replied, apologized, or knew about the order, you should understand that your answers may become evidence. The Fifth Amendment protects people from being compelled to incriminate themselves in a criminal case, and Article II, Section 18 of the Colorado Constitution also protects against compelled self-incrimination. The U.S. Supreme Court’s Miranda rule requires police to stop custodial interrogation when a warned suspect clearly invokes the right to remain silent.
To assert the right clearly, we recommend a simple statement:
“I am invoking my Fifth Amendment right to remain silent. I want to speak with an attorney before answering any questions.”
Then stop talking about the facts. Do not explain. Do not argue. Do not say, “I only texted because she texted me first.” Do not say, “I did not know it counted.” Do not say, “I just went there to pick up my things.” Those statements may sound innocent to you, but they may help the state prove knowledge, contact, intent, or presence.
What Happens If You Do Not Plead The Fifth?
If you do not clearly say you want to remain silent, police can keep asking you questions. Many people talk because they think they can explain the situation, but this can backfire. You might accidentally admit you got the order, knew about the no-contact rule, sent a message, used someone else to communicate, or went somewhere you were not supposed to.
Admitting these things can be worse than the original evidence. For example, if police only have a screenshot from an unknown number, what you say might link you to the message. If they are not sure you knew about the order, your explanation could prove you did. If they are unsure if the contact was accidental, your words might make it seem like you meant it. Staying silent is not lying. It is your legal right. Once you say you want to remain silent, stick to it.
Defenses To A Colorado No-Contact Order Violation
Being charged with a violation is not hopeless. We check if the order was valid, if you were served or knew about it, if what happened was actually against the order, if you really made the contact, and if the prosecution can prove their case beyond a reasonable doubt. We also review things like screenshots, phone records, witness statements, social media, body camera footage, GPS data, and the exact wording of the order.
Some cases involve mistaken identity, accidental presence, unclear court orders, third-party misunderstandings, fabricated messages, shared accounts, or contact that was allowed under a limited exception. In other cases, the best strategy may involve reducing the damage, addressing bond concerns, and protecting the client from jail.
Call Watkins Law Firm LLC For Help With A No-Contact Order Violation In Colorado
If you are accused of violating a no-contact order, mandatory protection order, or domestic violence-related court order in Colorado, Watkins Law Firm LLC can help. These cases can lead to jail, new charges, bond problems, family disruption, and serious harm to the original criminal case. We defend clients in Boulder and throughout the Denver area against protection order violations and related criminal allegations.
Contact our Boulder criminal law attorney by calling us 24/7 at 303-507-1324 for your free consultation. Our Boulder drug crime defense lawyer represents clients in Boulder and throughout the Denver area from our office locations in Boulder, Colorado.
