Violation of custody order is a serious criminal charge. If you are facing charges of violation of custody order you should consult with a Denver criminal defense attorney immediately.
Contact a Colorado criminal defense lawyer representing clients in Denver, CO today to schedule your initial consultation.
This offense is commonly considered parental kidnapping. Typically these cases occur after a court has given one parent custody of a child and then the other parent takes the child.
C.R.S. 18-3-304 defines a violation of a custody order. A person can be charged with violation of custody order if they:
- knowing that he [she] had no privilege to do so or heedless in that regard,
- took or enticed any child, under the age of eighteen, from the custody or care of the child’s parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child.
Violation of a custody order is typically a class 5 felony punishable by up to 3 years in prison and a fine of up to $100,000. However, if the child is taken out of the country the offense is elevated to a class 4 felony punishable by up to 6 years in prison and a fine of up to $500,000.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and surrounding area. The Savela Law Firm, P.C. Give us a call at (303) 856-5700 or complete our inquiry form.
There are still defenses to a violation of a custody order including the reasonable belief that the child was in danger and the action was necessary to protect the child. Additionally, if the child is over 14 and the child instigated the action this defense is also available.
If you have been charged with a violation of custody order an experienced Denver criminal defense lawyer is essential. Get in touch with experienced Denver violation of custody order defense attorneys Jason Savela and Ryan Dawson by filling out our online contact form or by calling (303) 856-5700.