Just Charged with Domestic Violence in Colorado?

If you’ve been charged with domestic violence in Colorado, you’re facing a legal system that takes these allegations incredibly seriously. The state has a strict legal framework for cases involving current or former intimate partners, and the consequences of a conviction can be life-altering. 

Understanding the complexities of the law and building a robust defense is absolutely critical. At Robinson & Henry, we are dedicated to protecting your rights. Our criminal defense attorneys provide clear legal guidance and help you understand what to expect from the moment you are arrested, so you can build a comprehensive strategy to protect your future.

When confronting a domestic violence charge, every decision you make can profoundly impact your case and your life. By retaining Robinson & Henry, you give yourself the best chance to prevail in this difficult process. Our full-service law firm offers customized defense strategies tailored to your unique situation. 

What you receive when you retain R&H:

• Thorough defense strategy - We meticulously review every detail of your case, using our combined legal expertise to identify all potential defense options. We anticipate the prosecution’s moves so we can stay one step ahead, building a robust strategy to address your specific needs. 

• Protecting your privacy - We understand the serious impact a domestic violence accusation can have on your reputation and personal life. Your privacy is our top priority. We handle all sensitive case information with the utmost discretion and confidentiality. 

• Keeping you informed - Our criminal defense attorneys are committed to being available to you throughout the legal process. You can expect transparency and honesty as your case progresses, so you are never left in the dark. 

In Colorado, domestic violence is a legal designation applicable to a wide range of criminal offenses committed against someone with whom the accused is or has been in an intimate relationship. Domestic violence is a sentence enhancer, or an aggravating factor in a case, rather than a standalone charge. If you’re charged with a crime that includes a domestic violence enhancement, you’re likely to face a harsher sentence. Any offense in Colorado, if committed against someone who is or was an intimate partner, can be considered an act of domestic violence.

The Initial Arrest and Your First Court Appearance

If you are arrested for domestic violence in Colorado, you will be taken to the nearest jail where you’ll be informed of your rights: to remain silent, to counsel, and to bail (if the offense permits it). Colo. Crim. P. 5

At your first court appearance, your attorney will be with you to ensure you’ve been informed of your rights and understand the conditions of your release. 

Understanding the Mandatory Protection Order (MPO)

Expect the court to issue a mandatory protection order (MPO) against you. This is a common feature of domestic violence charges in Colorado that takes effect immediately, regardless of whether the alleged victim requests one.

The specific terms of an MPO can vary, but they typically involve contact restrictions, home vacate requirements, firearms relinquishments, and strict court hearing compliance. For many of our clients, this means finding a new place, often disrupting spousal, parental, and financial stability.

An MPO typically remains in effect until the case is dismissed, you’re acquitted, or you serve your sentence (including probation). MPO violations can be prosecuted as a Class 1 misdemeanor. 

State Law Restricts Judicial Modification of MPOs

Statutory requirements limit the discretion of judges and prosecutors when modifying mandatory protection orders. MPOs start out strict but can be modified under certain circumstances to permit varying levels of contact. However, it’s nearly impossible to get a protection order modified without an experienced domestic violence attorney. In order for the judge to agree to ease the restrictions, our team will apply the law and use case circumstances to advocate for a level of contact deemed appropriate by the court. 

Bail Requirements and Protection Order Violations

If bail is set, you must comply with any conditions, including those from the MPO. Failure to comply with any conditions set forth as part of bail can lead to immediate arrest. 

Moreover, protection order conditions are also conditions of bond. A violation can trigger additional charges, which can result in bond revocation. Depending on the underlying charges and the court’s findings, DV case violations can also lead to enhanced penalties or additional requirements. 

An attorney can ensure that your bond is set fairly and help to secure the accused person’s release without unduly restrictive conditions.

A strong defense strategy is paramount for anyone accused of domestic violence. While every case is unique, our criminal defense attorneys have a deep understanding of the most common and often successful defenses. Here are a few of the strategies we may use in your case: 

A traverse defense approaches the case from the position that the prosecution’s version of events is false. This defense aims to negate one or more essential elements of the alleged crime, such as the defendant’s identity, location, or the occurrence of the alleged act itself. 

There are a few key ways in which we would apply a traverse defense to your matter: 

• Identifying your alibi - Assert you were in a different location when the alleged incident occurred and that someone can corroborate that. The prosecution may seek to verify this by procuring security footage, phone records, or other forms of evidence. 

• Misidentification - Prove you were not the individual who committed the alleged act, challenging the identification procedures used by peace officers and statements made by the alleged victim or witnesses. 

• False allegation - Challenge the accuser’s credibility by showing they had an ulterior motive, like gaining an advantage in a custody or divorce proceeding. Necessary proof in this may involve procuring evidence that may not be admissible in court without a criminal defense attorney’s guidance.

• Lacking probable cause - Colorado law requires arresting officers to determine probable cause before arrest. However, it’s not always clear to responding officers who the aggressor is at the time of the arrest. The incident report, body camera footage, and other evidence can effectively support this defense. C.R.S. 18-6-803.6

• Violating procedural rights - We will meticulously review your case for any procedural violations, such as improperly handled evidence or failure to read your Miranda rights, to build the strongest possible defense.

• Improper admission of evidence - Evidence of prior acts of domestic violence may be admitted to show patterns of behavior under Colorado law. However, we can argue that such evidence is more prejudicial than probative and should be excluded. C.R.S. 18-6-801.5 

With a traverse defense, criminal defense attorneys work to poke holes in the prosecution’s evidence, cultivating reasonable doubt that places further burdens of proof on the prosecutor.

In Colorado, self-defense is an “affirmative defense,” which means you are admitting to the act but justifying it under the law. C.R.S. 18-1-407

To successfully argue self-defense, a domestic violence attorney in Colorado will conduct a detailed investigation, which may involve:

• Scrutinizing the police report - Your lawyer will look for any statements from the alleged victim that could support your defense, such as admissions of their own use of violence or inconsistencies with their story. 

• Examining the injuries - This step involves assessing whether the injuries sustained by both you and the alleged victim are consistent with those common to self-defense.

• Cross-referencing your statements - Your attorney will compare your current account of events with what you initially told the police to ensure consistency, or address any discrepancies.

• Reviewing the evidence - A thorough domestic violence lawyer in Colorado will look for any evidence at the scene, such as damage to the home, that could either support or contradict your claim.

The success of a self-defense claim hinges on the credibility and strength of the evidence. Under Colorado law, force used must be “reasonably necessary” to defend yourself from what you believe is an imminent threat of unlawful physical force. Similarly, using deadly force is only legally justified if you reasonably believe you or another person is in imminent danger of being killed or suffering serious bodily injury. C.R.S. 18-1-704 

We will use every defense possible to achieve the most favorable outcome we can for you. Remember, we aren’t just defending against a domestic violence designation; we must also fight the underlying charges. Because cases with a domestic violence component are complex, the legal strategies we use are highly specific to your situation.

You will always have a staunch legal advocate with you—whether negotiating with prosecutors or in court. 

The length of your DV jail or prison sentence depends on whether the underlying offense is a misdemeanor or a felony. 

A misdemeanor conviction involving domestic violence generally could result in up to 364 days in county jail, as long as you’re not deemed a repeat offender.

Domestic Violence Treatment Program

In Colorado, a conviction for a crime involving domestic violence that doesn’t involve a sentence at the Department of Corrections mandates completion of a court-ordered domestic violence treatment program. C.R.S. 18-6-801

Before your sentencing, the court will require you to undergo an evaluation to determine what kind of treatment you need and for how long. At a minimum, you will have to complete 36 hours of domestic violence treatment. 

You will be responsible for the cost of your treatment. Depending on the details of your case, the court may also order your participation in additional treatment programs that meet the Domestic Violence Offender Management Board’s standards to address underlying issues.

The maximum sentence for a domestic violence offense is not fixed. Rather, it’s determined by the seriousness of the underlying charge and whether any special sentencing rules apply. 

The penalties become much more severe for those with a history of domestic violence. If you have three or more prior convictions for domestic violence, a new misdemeanor charge can be elevated to a Class 5 felony,

In Colorado, a Class 5 felony is punishable by: 

• up to three years in state prison

• an additional mandatory two-year parole period 

• a fine ranging from $1,000 to $100,000 C.R.S. 18-1.3-204

Alternatively, a court may sentence you to probation instead of prison. However, probation for domestic violence offenses comes with strict conditions that you must follow.

These restrictions may include:

• adhering to any active protection or restraining orders

• complying with family support orders

• relinquishing firearms

• refraining from all contact with the alleged victim and their family members

• submitting to random drug and alcohol tests

• regularly checking in with a probation officer

A judge may also extend the length of your probation if they determine the offense involved domestic violence. These conditions are not suggestions; failure to comply can lead to a probation violation and possibly jail time.

Depending on the circumstances of your case, it could take a few months to a year to work through the legal process. 

However, it's the permanent, life-altering consequences of a conviction that take far longer to resolve than the actual case itself. 

Professional and Academic Consequences

A domestic violence conviction can jeopardize careers and academic aspirations.

• Professionals - Some licensed professionals (e.g., attorneys, doctors, nurses) could temporarily or permanently lose their license. 

• Students - Collegiate students can be suspended or even expelled from an academic program or institution. 

Financial and Housing Difficulties 

A DV conviction can also create significant obstacles to stable living.

• Background checks - A  criminal record can limit affordable housing options.

• Financial difficulties - A conviction can make obtaining loans difficult.

Family Life and Travel

Your family life and freedom of movement can be negatively affected. 

• Parental rights - Your involvement in your child’s life can be severely restricted. 

• International travel - You may be unable to travel internationally because many foreign countries have strict entry requirements and may deny you entry due to a criminal record.

Firearms Restrictions

A domestic violence conviction automatically triggers the loss of gun rights. 

• Relinquish possession - You must give up any firearms within 24 hours of your release from bond or incarceration. 

• Separate charges for a violation - Failure to comply can result in a new Class 2 misdemeanor charge, which carries a penalty of up to six months in jail and a fine of up to $1,000. C.R.S. 18-6-800.3 

Understanding whether you can seal or expunge a domestic violence conviction in Colorado is crucial, as the rules are very strict. The outcome depends entirely on the resolution of your case and the type of court involved. 

If your case is dismissed, you can typically have your criminal records sealed immediately. However, if you are convicted, the rules become much more restrictive. In most cases, a domestic violence conviction cannot be sealed or expunged, meaning it will remain on your criminal record. While there are rare and specific exceptions, they require meeting a high legal standard.

Whether you have been falsely accused or made a mistake, a domestic assault defense lawyer can vigorously defend your innocence or help minimize the impact of the case on your life. Our Criminal Defense Team can navigate complex bond hearings, negotiate for modified MPOs, and aggressively advocate for you in court. 

Given the severe and inflexible nature of Colorado’s domestic violence laws, you are exposed to the full brunt of a system designed to impose serious and lasting penalties. Secure the services of a highly experienced criminal defense attorney. Domestic violence offense charges are serious and difficult to mitigate without legal support. 

Do not delay in seeking the legal help you need. The sooner you engage with a qualified domestic violence defense attorney, the better positioned you will be to protect your rights and future. Call 303-688-0944 or schedule your consultation online today.