Complete Guide To Domestic Violence In Colorado

If you’re charged with domestic violence in Colorado, a protection order will be ordered against you. That means you cannot contact your spouse or partner. There are serious consequences if you violate that order.

This article explains the state’s domestic violence laws and how they will affect you if you’re charged.

Charged with Domestic Violence? 

Call 303-688-0944 to schedule a case assessment with a criminal defense attorney. You may also go online to set up the meeting.

Domestic violence is a serious offense in Colorado that is earmarked as a “pressing concern” by the state Legislature.

That means, if you are charged with domestic violence, you can expect to face a stern encounter with the police and the district attorney.

A domestic violence conviction carries these potential consequences:
  • jail time
  • permanent loss of gun rights
  • security clearance loss

The law can be found under Colorado Revised Statutes 18-6-800 and 18-6-801.

Domestic Violence in Colorado

In Colorado, domestic violence is a designation attached to a criminal case. Domestic violence becomes a powerful sentencing enhancer that can result in up to two years in jail, possibly years of probation, as much as 36 weeks of domestic violence counseling, and a very restrictive protection order.

People charged with felony domestic violence face a prison sentence. 

How Domestic Violence is Defined

Colorado criminal law defines domestic violence as an act or threatened act of violence against a spouse, former spouse, past or present domestic partner, or a person with whom you’ve had a child whether you’ve ever lived together.

In the vast majority of cases, males are charged with domestic violence.

Timeline of a Domestic Violence Charge

In many domestic violence situations, the first person to call the police assumes the role of the accuser, and the other party becomes the defendant.

Here are a few things you should know:
  1. Arrest is Required

    When police are called to a domestic situation, they are required to make an arrest if they find probable cause to believe a crime involving domestic violence was committed. Someone will likely leave the house in handcuffs and be booked into jail.

  2. Reporting is Required

    If someone seeks medical treatment following a dispute, the hospital is required by law to report the case to police if they believe the injury is a result of domestic violence. The alleged offender in the situation will be arrested on the same probable cause standard.

  3. Protection Order is Required

    A domestic violence restraining order will be issued . That means the accused can have no contact with the accuser (typically the spouse or girlfriend) or the children.

  4. Always Request an Attorney if Arrest for Domestic Violence

    When you are arrested for domestic violence, immediately request a domestic violence defense lawyer. Don’t say anything until you have talked with your lawyer.

    Be aware that many jurisdictions have adopted “Domestic Violence Fast Track” programs which are designed to move cases quickly while the accusing party is still motivated to follow through with the prosecution.

    Don’t admit guilt. Calling an attorney is the best way to protect your rights.

  5. Temporary Holding is Required

    You will be held in jail without being allowed to post bond until you appear before a judge for advisement and entry of a Mandatory Protection Order.

    Since many domestic violence disputes occur on the weekend, this may require the accused to spend one or two nights in jail before the hearing.

  6. Assert Your Rights & Listen

    When you appear in court, tell the judge you want an attorney.The court may require a bond, or you may be released on your own recognizance. Listen carefully to the Court’s advisement, and strictly obey the terms of the Mandatory Protection Order.

You Have a Lot at Stake

Being charged with domestic violence is a serious offense that can impact the rest of your life.

The tragedy is these charges often arise out of nothing more serious than a husband and wife arguing.

There doesn’t even have to be physical violence for a police-involved problem to develop.

An angry or spiteful partner has more than occasionally used a domestic violence charge as a way to get back at a partner or gain leverage in an impending divorce or custody battle.

The truth is that most domestic violence cases begin in a highly emotional situation. In the heat of the moment, the accuser doesn’t often consider the serious life-changing consequences of their actions.

Your life as an accused person is forever altered once the arrest has been made.

How the Protection Order Will Affect You

An automatic restraining order will go into effect that will keep you from having any contact with the other party.

The restraining order may dictate that you must keep a minimum distance from the person accusing you.

You could be jailed for violating the protection order even if you inadvertently end up at the same grocery store, pharmacy, or mall where you accuser is a patron and you do not immediately leave.

Impact of Domestic Violence Conviction on Daily Life

Once the court has convicted you of domestic violence you can no longer possess a firearm.

A criminal record that includes domestic violence may affect your ability to get a job or pass a security clearance.

Contact Our Domestic Violence Defense Attorneys

The moment you are arrested for domestic violence, request an attorney. Our attorneys know the strategies to minimize the damage to your life and your image in the community.

Call 303-688-0944 to schedule a case assessment, or make the appointment yourself when you click here.

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