Understanding Mandatory Protection Orders in Colorado

Understanding Mandatory Protection Orders in Colorado

An argument at a Breckenridge rental, an arrest after a late-night call in Idaho Springs, or a misdemeanor case filed in Georgetown can change where you sleep and whom you may contact before the evidence is fully reviewed.

A mandatory protection order in Colorado (MPO) applies when a person is charged with a criminal violation under state law. The basic order prohibits harassment, intimidation, retaliation, molestation, and witness tampering. A judge may add no-contact, stay-away, firearm, alcohol, or other safety-related terms. 

The MPO takes effect when the court advises the defendant of it at arraignment or the first appearance and generally remains in effect through final disposition unless the court changes it sooner.

Does the Order Always Begin Before the Case is Decided?

The basic MPO is typically issued in every criminal case in Colorado, even though the court has not decided whether the allegations are true. It prohibits harassment, intimidation, retaliation, molestation, and witness tampering. Additional terms must protect an alleged victim or witness connected to the charged conduct; they cannot be added simply to duplicate conditions of pretrial release. 

This differs from a civil protection order, which is requested through a separate process. A criminal order is issued because People filed charges.

Which Rules Control Your Home, Contact, and Firearms?

The court typically uses a standard form for the MPO. The form includes a list of potential restrictions, and the court checks the boxes selecting the restrictions it believes are appropriate for the case. The court may also handwrite additional restrictions. These terms may require the defendant to:

  • Avoid direct or indirect communication with protected people;
  • Leave and stay away from a shared home or other listed locations;
  • Refrain from alcohol or non-prescribed controlled substances when the order expressly includes that term;
  • Surrender firearms or ammunition and file proof of compliance; and
  • Avoid harming, moving, concealing, or threatening an animal connected to a protected person.

In a qualifying domestic violence case, firearm relinquishment becomes mandatory when the court finds probable cause that the alleged conduct involved the threatened, attempted, or actual use of physical force. There is a requirement to file an affidavit regarding whether you possessed firearms or not.  Additionally, the court may set a hearing on the issue of whether your affidavit satisfies the statutory requirements.

Not every order includes all possible terms. Review each checked box on the form, any handwritten conditions, named person, location, and distance restriction before leaving court.

Does a No-Contact Order Go Both Ways in Colorado?

No. A no-contact provision applies to the defendant, not the protected person. So, even if the protected person initiates contact, the defendant is still not authorized to respond.

“Indirect contact” may include messages through relatives, friends, coworkers, children, social media, shared accounts, or delivery services. Even practical messages about rent, vehicles, childcare, or retrieving medication may violate the order if the court has not first approved contact.

If the protected person calls, texts, or approaches you, do not respond merely because they initiated the contact. Preserve the message or call record and ask your lawyer how to address the situation.

Can a Mandatory Protection Order Be Dropped or Narrowed?

The defendant may ask the court at any time to modify the order and the prosecutor may also request changes. The protected person’s position may be presented to the judge, but an agreement between the parties does not change the order by itself.

Rather than asking the judge to remove every restriction, a motion can be filed that proposes a narrower arrangement; such as, child-related communication through an app, supervised exchanges, or one-time access (thru a civil standby / law enforcement) to gather medication, work equipment, or personal belongings.

What Should a Persuasive Modification Request Show?

A modification request is more effective when it provides the court with a clear, enforceable plan. Before filing, consider the following:

  • Identify the exact provision you want changed and the limited relief requested;
  • Document the housing, employment, parenting, medical, or property problem caused by that provision;
  • Propose safeguards such as supervised exchanges, neutral locations, or a valid communication platform;
  • Gather records showing compliance with all existing requirements; and
  • Continue following the current terms until/unless the judge enters a written order changing them.

Can One Violation Create a New Criminal Charge?

A knowing violation of an MPO can support a new Class 1 misdemeanor charge. Conduct involving witness intimidation or retaliation may support a felony charge

Before You Act, Let Us Review the Signed Mandatory Protection Order in Colorado

Provide the signed order, charging documents, and any messages you have received from the protected person to the Law Offices of Susan Deschler. Susan can identify which provisions apply, explain the immediate deadlines, and assess whether a targeted modification request is supported. 

Licensed since 2001 and handling criminal law matters since 2003. Susan offers direct communication and brings prior experience as a Clear Creek County deputy district attorney and Wisconsin court commissioner.

Whether your case is pending in Summit County, Clear Creek County, or another Colorado court, schedule your consultation before responding to contact, returning to a listed location, or handling firearms covered by the order.

Legal References Used to Inform This Page:

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

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