Colorado Domestic Violence Charges Dismissed: Home Security Video Reveals Truth

• Client: A Colorado woman was charged with misdemeanor assault with a domestic violence enhancer. 

• Defense challenge: Our client initially minimized her former partner’s abuse, leading police to also arrest and charge her.

• Key defense evidence: Home security video, photos of injuries, and a documented pattern of prior abuse by our client’s then-partner.

• Case outcome: All of our client’s charges were dismissed, and her records were sealed.

Robinson & Henry’s knowledgeable attorneys give their professional insight in “From Our Perspective,” where we take a closer look at successful outcomes achieved for our clients. 

In this episode, Robinson & Henry Criminal Defense Senior Associate Anna Trobee discusses a case where our client was arrested and charged with domestic violence assault.

The police report told only part of the story. What the police didn’t see was captured inside the woman's own home. Security camera footage later revealed a very different version of events—one that transformed the case and ultimately led to the dismissal of every charge against her.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry criminal defense case. 

Domestic violence cases are rarely straightforward, but this one stood out immediately because both people involved were charged in connection with the same incident.

The confrontation began inside our client’s home before continuing at her partner's nearby residence. Because the two homes fell under different law enforcement jurisdictions, the cases were handled separately. 

Our client was charged with misdemeanor domestic violence assault in municipal court. While some people assume a municipal case carries relatively minor consequences, Trobee says a domestic violence conviction can create obstacles that last for years.

"A conviction for domestic violence can result in the removal or taking away of your gun rights," Trobee explained. "Having that domestic violence tag on your record can prohibit you from being eligible for certain types of employment, certain types of jobs, and it can have lasting effects on your life."

One unusual aspect of this case was that both people involved were initially charged.

"So it's pretty unusual for both parties to be charged," Trobee said. "It does happen, but more often than not, it's just one person that's going to be charged."

Colorado law generally requires law enforcement officers to make an arrest when they have probable cause to believe domestic violence has occurred. Trobee noted that in her experience, "98% of the time, if there is a call about a domestic dispute, someone is going to jail that night."

In this case, the client unintentionally made her own situation more difficult. Rather than immediately describing the abuse she had experienced, she minimized her partner's behavior while speaking with officers.

"Unfortunately, on scene when she was interviewed by the police, my client made statements trying to downplay her partner's behavior," Trobee said. "That ended up resulting in the police arresting her because they didn't know that she had been defending herself."

To someone unfamiliar with domestic violence dynamics, it may seem surprising that a victim would shield the person responsible for hurting them.

But Trobee said it happens far more often than many people realize.

"The unfortunate reality is that this happens all the time to people who are victims of domestic violence," Trobee said. "They immediately feel like they don't want the other person to get in trouble."

That emotional response can complicate investigations, particularly when officers must make quick decisions with limited information at the scene. 

The turning point came when our client shared surveillance footage from inside her home. The recordings supported what she had maintained from the beginning: a simple accident in the kitchen escalated when her partner became enraged. He began yelling, throwing objects, and became physically aggressive.

The video documented a woman attempting to defend herself from an assault. The footage provided objective evidence that contradicted the initial assumptions made during the police investigation.

But that wasn't the only evidence.

The surveillance system had captured the ongoing abuse our client had endured.

"We had surveillance footage not just from that night, but from incidents that had happened weeks and months prior," Trobee said. The videos demonstrated "a pattern of domestic violence abuse" by the client's former partner.

Trobee also presented photographs her client took after being released from jail, documenting injuries that were significantly more severe than she had initially reported to police.

Together, the surveillance footage, photographs, and the explanation of the client's behavior during the police investigation painted a very different picture from the one police officers saw on the night of the arrest.

After reviewing the evidence, prosecutors reconsidered the case.

"Ultimately, we were able to get the case dismissed altogether," Trobee said. "All charges were dropped, the case was dismissed, and it was sealed off of her record."

For the client, the outcome meant avoiding the lasting consequences of a domestic violence conviction and clearing her name.

The case also demonstrates how evidence uncovered after an arrest can dramatically change the direction of a criminal prosecution.

For anyone accused of domestic violence, or someone who believes police misunderstood what happened, Trobee urges caution from the very beginning.

"First and foremost is always, never talk to the police," she said. "You are never obligated to answer questions. Exercise your right to remain silent."

She also recommends contacting an experienced criminal defense attorney as soon as possible.

"It's always best for a person to have an attorney that's advocating on their behalf and knows how to navigate the system," Trobee said.

Every domestic violence case has its own facts, and first impressions don't always tell the full story. This case shows why evidence matters long after an arrest is made. Surveillance footage, photographs, and a thorough investigation can reveal facts that weren't apparent during the initial police response.

For individuals facing domestic violence allegations, obtaining legal guidance early can help ensure their side of the story is fully presented. 

Contact Robinson & Henry for a consultation. Book online or call 303-688-0944.

Read this video’s full transcript:

Question: Anna, thank you for joining me today. Tell me more about the charges your client was facing and what was at stake. 

Anna:  My client was charged with domestic violence, assault in municipal court. In terms of what's at stake in a domestic violence case, obviously, a conviction for domestic violence can result in the removal or taking away of your gun rights.

Having that domestic violence tag on your record can prohibit you from being eligible for certain types of employment, certain types of jobs, and it can have lasting effects on your life, even though it might be something relatively low level, like a municipal case.

Question: When you first reviewed the case, what stood out to you in terms of both parties being charged?

Anna: It's pretty unusual for both parties to be charged. It does happen, but more often than not, it's just one person that's going to be charged. 

In Colorado, it's essentially a mandatory arrest state. I don't want to say always, because in some scenarios the police don't arrest anyone, but I would say 98% of the time, if there is a call about a domestic dispute, someone is going to jail that night.

Unfortunately, on scene when she was interviewed by the police, my client made statements trying to downplay her partner’s behavior.

And with her, that ended up resulting in the police arresting her because they didn't know that she had been defending herself.

Question: How does the cycle of domestic violence cause a victim to want to try and protect the abuser? And how did you let the city attorney know about this situation?

Anna: The unfortunate reality is that this happens all the time to people who are victims of domestic violence and involved in domestic violence relationships, because they immediately feel like they don't want the other person to get in trouble.

Question: You discovered home security video from the night of the incident. How did that help your client's defense?

Anna: My client just happen to have home surveillance footage in her home that she provided me. And what that footage showed was what she said to me from the beginning. That her partner was the one that instigated this argument, and that it was due to her making a very simple mistake. She dropped something in the kitchen, completely accidental.

This set him off and he immediately started yelling, screaming, throwing things and getting physical with her. And so obviously that was incredibly helpful in our defense because it substantiated her story of innocence, that any physical contact she had with him was in complete self-defense, that she did nothing to justify his reaction and that he was truly the aggressor.

We had surveillance footage not just from that night, but from incidents that had happened weeks and months prior, showing this type of behavior from him that she had never reported. And I was able to show that to the city attorney and establish that this is a pattern of domestic violence abuse by my clients at that point, former partner towards her, and it explained her behavior on scene towards police,

I was also able to show them photos she had taken after she was released from jail, documenting her injuries, which were much more severe than she had stated to police on scene.

Question: Ultimately, what was the outcome in this case? 

Anna: Ultimately, we were able to get the case dismissed altogether. All charges were dropped, the case was dismissed, and it was sealed off of her record. 

Question: If anyone's watching who is in a similar situation, what advice would you give?

Anna: First and foremost is always, never talk to the police. You are never obligated to answer questions. Exercise your right to remain silent. The other piece of advice that I have is reach out to an attorney right away.

It's always best for a person to have an attorney that's advocating on their behalf and knows how to navigate the system.