“Mandatory Protection Orders” in Colorado – A Legal Guide

Mandatory protection orders in Colorado are court orders that forbid a criminal defendant from harassing the alleged victim of the crime. They also protect any witnesses to the crime. The protection order can forbid you from even contacting these people.

Mandatory protection orders are even more serious in domestic violence cases. A protection order can prevent you from seeing your family in these cases. Violating the order can lead to additional criminal charges.

Mandatory protection orders should not be confused with civil restraining orders like TPOs, PPOs, and ERPOs. The following table compares and contrasts them:

In this article, our Colorado criminal defense attorneys will explain:

• 1. What is a mandatory protection order?
• 2. What are the penalties for violating an MPO?
• 3. MPOs vs. Civil Restraining Orders
• Additional Resources

1. What is a mandatory protection order?

A mandatory protection order (MPO) is a court order issued against a criminal defendant. It forbids that criminal defendant (“restrained person”) from interacting with the alleged victim of a crime.

An MPO also protects any witnesses to the crime from harassment. The victim and/or witness named in the MPO order is considered a “protected party.”

CRS § 18-1-1001 is the law that allows courts to issue mandatory protection orders. That law specifically forbids:

• Harassment,
• Molestation,
• Acts meant to intimidate,
• Acts that retaliate against someone with evidence of the crime, and
• Tampering with witnesses.

When does a court issue an MPO?

A mandatory protection order is issued during your first court appearance, which is usually your arraignment for the underlying crime. At this point, the judge will inform you of your rights and will tell you not to interact with the alleged victim or witnesses.

Most judges make the mandatory protection order a part of your bond. Violating the protection order breaks the terms of your bail and can lead to:

• stricter bail conditions,
• you remaining in custody during your case,
• additional criminal charges, and/or
• contempt of court.

What conduct do MPOs forbid?

The details of a protection order depend on each case. Important factors are the crime you are charged with and your criminal background.

In many cases, a mandatory protection order forbids all interactions with the victims and witnesses of the alleged crime. In some cases, though, the terms of the order are more detailed and harsh.

People facing domestic violence charges have the harshest mandatory protection orders. The terms of these protection orders often forbid:

• Talking to your spouse, children, or relatives, even if they initiated the contact or consented to it,
• Interacting with relatives in any way, even over the internet, over the phone, through text message or email, or through social media such as Twitter, Instagram or Facebook,
• Indirectly contacting your spouse, children, or relatives, including sending them a message through a friend or leaving a message at their home, office, or vehicle,
• Going in or even near your marital home without law enforcement agency supervision,
• Going near your spouse, children, or relatives, including near their workplace, where they live, or where they often go,
• Getting a friend to harass the victim,
• Drinking alcohol,
• Using drugs,
• Possessing guns, ammunition, or other deadly weapons, and
• Committing any other crime.

Example: Ralph has been accused of domestic violence. He has been ordered not to contact his girlfriend. He shows up at her doorstep with a bouquet of flowers to say he is sorry. He gets arrested for violating the MPO.

How long does an MPO last?

In Colorado, mandatory protection orders last throughout the court process. They begin at your first court appearance and last until it ends. A case ends when:

• You complete your sentence following a trial verdict or plea deal, or
• The district attorney drops all the charges against you.¹

Can I change the terms of an MPO?

The terms of a mandatory protection order can be changed. You or your defense lawyer can request a change by filing a motion with the court.

The process for changing the terms of a mandatory protection order is a formal one. It has to go through the court system and get approved by a judge to be effective.

Until the judge signs off on the motion requesting the change, the terms of the protection order remain in effect. It does not matter if you and the alleged victim can agree to ignore the terms of the order. If you do, you can still get arrested for violating it.²

Protection orders mandate “no contact” with the protected person.

2. What are the penalties for violating an MPO?

The violation of a protective order (CRS 18-6-803.5) is a class 1 misdemeanor carrying 364 days in jail and/or $1,000 (for a first-time offense). This sentence runs consecutively (one after the other) with any sentence you get for the underlying crime.

If the MPO was a condition of your bond, you also can be prosecuted for violating your bail conditions (CRS 18-8-212). The penalties depend on the crime you were originally charged with, as the following table shows.

Even if you are eventually acquitted of the original crime, you will still have to serve whatever sentence you received for violating your MPO and/or bail.³

3. MPOs vs. Civil Restraining Orders

Mandatory protection orders get issued against people accused of committing a criminal offense, and the judge issues MPOs whether the victim wants one or not. Meanwhile, civil protection orders get issued against people accused of putting an intimate partner in danger, and the victims are the ones that ask the judge to issue them.

The subjects of mandatory protection orders are already facing criminal charges. That is why these orders are often called “criminal protection orders.” Meanwhile, restraining orders can be issued to keep someone from committing a crime.

The goals of a protection order and a restraining order are different, too. Mandatory protection orders keep people with evidence of a crime safe. Restraining orders aim to protect people who are in volatile living situations.⁴

Additional Resources

Victims of domestic violence can find help and information here:

• Create a Safety Plan – National Domestic Violence Hotline – Resource for domestic violence victims on how to create a “safety plan” to remain safe and escape abuse.
• DomesticShelters.org – Directory of domestic violence shelters.
• National Coalition Against Domestic Violence – Resources and information for victims.
• Resources for Family Members, Friends, and Supporters – Joyful Heart Foundation – A guide on how to help family members or loved ones suffering from domestic abuse.
• Signs of Abuse – National Coalition Against Domestic Violence (NCADV) – Information page on how to identify domestic violence.

Legal Citations: