Were You Arrested for Domestic Violence in Colorado?
If you’ve been accused of a crime against a spouse, ex-spouse, dating partner, or former partner, you’re not just facing a regular criminal charge. Under Colorado law, any offense involving domestic relationships gets treated much more harshly with increased penalties. You need a skilled domestic violence defense lawyer to protect your rights and freedom.
At Dawson Law Office, we provide relentless representation for those facing any type of domestic violence allegation in Boulder County. As top-rated Colorado defense attorneys, our legal team has a track record of favorable outcomes in even the most complex cases. Our firm understands the sensitivity surrounding these matters and mounts a defense strategy tailored to your unique situation. Don’t risk your future – contact us immediately.
What Constitutes Domestic Violence in Colorado?
Colorado law defines domestic violence as an act or threatened act of violence, intimidation, or revenge against someone with whom you have an intimate relationship, like a spouse. So, in itself, domestic violence is not a criminal charge but rather an enhancement.
Domestic violence charges in Colorado often stem from alleged incidents involving:
- Assault – Unlawful physical contact like hitting, shoving, or throwing objects.
- Stalking – Repeated actions causing fear or emotional distress.
- Harassment – Unwanted annoyance, communication, or following.
- Child Abuse – Any mistreatment or harm to a minor under 18.
- Menacing – Threats creating reasonable fear of injury or death.
- False Imprisonment – Unlawfully restraining someone’s freedom of movement.
- Sexual Assault – Non-consensual sexual acts through force, threats, or incapacitation.
- Restraining Order Violations – Prohibited contact with a protected party.
In Colorado, prosecutors can charge domestic violence as either a misdemeanor or felony, depending on the case circumstances or the defendant’s prior criminal history. However, a fourth conviction of a domestic violence-related crime automatically labels you as a habitual domestic violence offender, which is a Class 5 felony.
The potential penalties of a conviction are significant, including jail time, loss of firearm rights, and more.
3 Things You Didn’t Know About Domestic Violence Cases in Colorado
When it comes to domestic violence allegations in Colorado, there are some harsh realities that many people aren’t aware of until it’s too late. These three facts highlight why you need experienced legal counsel immediately if charged:
#1 Colorado Has a Mandatory Arrest Policy for Domestic Violence
Colorado has a mandatory arrest policy when it comes to suspected domestic violence situations. If officers have probable cause to believe domestic violence occurred, they must make an arrest – it’s not discretionary.
#2 Upon Arrest, Courts Automatically Issue a Restraining Order
Upon arrest for a domestic violence charge, the courts will automatically issue a restraining order or protective order preventing the accused from contacting the alleged victim, regardless of either party’s wishes.
#3 The Alleged Victim’s Cooperation Is Not Required to Prosecute
Perhaps most crucially, domestic violence cases in Colorado are prosecuted whether the alleged victim wants to press charges or not. The decision lies entirely with the prosecutor, not the victim, who cannot simply “drop” the charges.
With these realities, seeking experienced legal counsel from a domestic violence defense attorney like those at the Dawson Law Office is absolutely critical after an arrest. We safeguard your rights.
Defending Against Domestic Violence Charges
Domestic violence allegations often lack substantive evidence beyond “he said, she said” accounts. But the legal system takes these cases extremely seriously due to public policy priorities.
Prosecutors vigorously pursue convictions, even when the alleged victim wants to drop charges.
An effective domestic violence defense requires an attorney who can poke holes in the prosecution’s narrative through investigation and cross-examination.
Common defense strategies include:
- Challenging the grounds for the mandatory arrest
- Obtaining witness testimony that contradicts the allegations
- Presenting evidence of the accuser’s motivations or dishonesty
- Highlighting mishandled evidence or police procedural errors
- Negotiating to reduce or dismiss charges through skilled bargaining
At Dawson Law Office, we leave no stone unturned examining every facet of the case. We know how to cast doubt on unsubstantiated claims while protecting your constitutional rights. Our goal is securing the most favorable outcome.
Collateral Consequences of a Domestic Violence Conviction
It’s not just your freedom that’s at stake when you’re defending domestic violence charges.
A conviction has far-reaching consequences.
- Employment: Many employers conduct background checks, and a domestic violence conviction can make it difficult to find or maintain a job.
- Housing: Landlords may be hesitant to rent to someone with a domestic violence conviction, limiting your housing options.
- Child custody: If you have children, a domestic violence conviction can affect your custody and visitation rights.
- Professional licenses: Certain professions, such as healthcare and law, may revoke or deny licenses to those with domestic violence convictions.
- Reputation: The social stigma associated with a domestic violence conviction can strain relationships with family, friends, and the community.
You should always look at the full scope of what you’re facing regarding charges and take action to protect your future.
The Reality of False Accusations of Domestic Violence
While genuine domestic abuse certainly occurs, false allegations of domestic violence are also a harsh reality. Motivations for making false claims can range from attempts to gain leverage in divorce/custody battles to anger, jealousy, or mental instability on the part of the accuser.
Whatever the reason behind it, the consequences of a domestic violence conviction are serious. You can’t simply assume the truth will come out on its own.
At Dawson Law Office, we understand how to strategically counter false domestic violence accusations and safeguard your rights. Our defense approaches for these scenarios may include:
- Gathering evidence that exposes inconsistencies or motivations behind the false claims
- Calling on witnesses who can testify to the accuser’s lack of credibility
- Highlighting past false allegations made by the accuser
- Using expert witnesses to explain why admitted evidence does not prove guilt
- Forcefully cross-examining the accuser to demonstrate reasonable doubt
We know how to put the burden of proof back on the prosecution – where it belongs. False accusers often struggle when their stories are aggressively scrutinized and attacked.
If you’ve been wrongly accused of domestic violence, taking immediate legal action is imperative. An experienced attorney gives you a chance at avoiding life-altering consequences.
Act Now to Protect Your Rights Against DV Charges
Domestic violence charges carry severe, life-altering consequences in Colorado. You cannot simply hope for the best outcome – you need to act decisively by hiring an experienced domestic violence defense attorney. At Dawson Law Office, we understand how to effectively uphold your rights and build a strong defense strategy tailored to your case.
The sooner we can begin investigating the facts and circumstances surrounding your allegations, the better we can protect your future, freedom, and reputation. Do not risk a disastrous outcome by delaying. Contact us immediately and put experience in your corner.
