What a Mandatory Protection Order in Colorado Springs Actually Does
If you were arrested on a domestic violence allegation in Colorado Springs, a judge issued a mandatory protection order against you at your first court appearance — usually before you had a chance to say a word. This order is not a conviction and it does not mean you are guilty of anything. But it controls where you can go, who you can speak to, and in many cases whether you can return to your own home. Understanding exactly what it restricts is the difference between protecting your case and accidentally picking up a brand-new criminal charge.
Quick answer: In Colorado, every person charged with a domestic violence offense is placed under a mandatory protection order (MPO) under C.R.S. 18-1-1001. It almost always includes a no-contact provision barring you from contacting the alleged victim — directly or through anyone else — and frequently forces you to move out of a shared residence and surrender any firearms. Violating it is a separate crime, even if the protected person invites the contact.
As a Colorado Springs domestic violence defense attorney with more than 20 years of experience, I have watched well-meaning people undermine strong defenses with a single text message. This guide explains what a mandatory protection order means, what counts as a violation, and how it can be modified.
Mandatory Protection Order vs. Restraining Order: Knowing the Difference
People searching for help often use “restraining order” and “protection order” interchangeably, but in a Colorado domestic violence case the distinctions matter:
- Mandatory protection order (criminal) — Automatically issued when you are charged with any crime that includes an act of domestic violence. It stays in place for the entire life of the criminal case and is enforced by the criminal court.
- Civil protection order (restraining order) — Requested by an individual in civil court, separate from any criminal charge. It has its own hearing and its own timeline.
- Permanent protection order — Can be entered as a condition of sentencing if a domestic violence case ends in a conviction or plea.
The order you are most likely dealing with right now is the criminal MPO. It was not requested by the alleged victim, and the alleged victim cannot simply cancel it. Only the judge can change it.
What a No-Contact Order Prohibits — and What Counts as a Violation
The single most dangerous misunderstanding I see is the belief that contact is only a problem if the other person objects. Under a no-contact order in a Colorado domestic violence case, the protected person’s wishes are irrelevant. If they call you and you answer, you have violated the order — not them.
A violation can occur through any of the following:
- Direct contact — Calling, texting, emailing, or showing up in person
- Third-party contact — Asking a friend, relative, or your children to pass along a message
- Indirect contact — Liking a social media post, sending money, or leaving a note
- Returning to an excluded address — Going back to a shared home to collect belongings without court permission
- Possessing a firearm — Most MPOs in domestic violence cases require you to relinquish firearms under both state and federal law
Each violation is a new misdemeanor under C.R.S. 18-6-803.5, punishable by additional jail time, and it hands the prosecution powerful evidence that you cannot follow court orders. A Colorado Springs criminal defense attorney can help you understand precisely where the lines are before you cross one by accident.
Can You Get a Mandatory Protection Order Modified in Colorado Springs?
Yes. The MPO is not necessarily permanent, and judges in El Paso County routinely modify these orders when there is a sound legal basis. Common modifications include:
- From “no contact” to “no harmful or offensive contact” — This lets you communicate peacefully, which is often essential for co-parenting or shared finances
- Lifting the residence exclusion — Allowing you to return home when both parties want to reconcile or when the living situation is impractical
- Permitting contact for limited purposes — Such as exchanging children for parenting time or attending counseling together
Here is what most people do not realize: the protected party cannot grant any of this. Even when the alleged victim appears in court and asks the judge to drop the order, the judge weighs that request against safety concerns and the prosecution’s position. Having an attorney present the right facts — and present them the right way — dramatically improves the odds of a favorable modification.
Why You Should Not Navigate a Protection Order Alone
As a former prosecutor, I know how the District Attorney’s office uses protection orders. A defendant who violates an MPO, even innocently, often does more damage to their case than the original allegation ever could. Here is how I help clients protect themselves:
- Clarifying the exact terms — So you know what you can and cannot do from day one
- Filing for modification — Presenting a focused, persuasive request the judge can actually grant
- Coordinating with the underlying defense — A protection order does not exist in a vacuum; it is part of the larger domestic violence case strategy
- Protecting your gun rights — Addressing firearm surrender requirements correctly under state and federal law
Because domestic violence allegations in Colorado frequently arrive bundled with other charges, the protection order is rarely the whole story. Many of my clients face related accusations such as felony menacing, and the defense has to account for all of it at once.
Take Control of Your Domestic Violence Case Today
A mandatory protection order can feel like the court has already decided you are guilty. It has not. The MPO is a routine, automatic step — and with the right strategy, it can be managed, modified, and ultimately put behind you. What you do in the first days after your arrest matters enormously.
At Christian A. Schwaner, P.C., I have spent two decades defending people accused of domestic violence in Colorado Springs and throughout El Paso County. I will explain your protection order in plain language, identify whether it can be modified, and build a defense designed to protect your record, your home, and your rights.
Contact us today for a free, confidential consultation. Call (719) 577-9700 or complete our online contact form, and let me put my experience to work for you.
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