Defending Your Rights, Protecting Your Freedom
Domestic Violence
If you’re facing Domestic Violence (DV) charges, you probably feel anxious, overwhelmed and scared. DV charges/convictions can lead to life-altering consequences.
That is why you need a top-rated domestic violence criminal defense attorney who understands Domestic Violence law, policies, procedures and penalties. You need the best criminal defense attorney who will defend your rights and fight for your freedom. You need to call Beck Law. We help you navigate the complexities of the criminal case and keep you informed throughout the process and provide you with the best possible defense you can get.
First, you must understand that under Colorado law, the term Domestic Violence is NOT a criminal charge. It is a sentence enhancer that describes the relationship between you and the alleged victim.
Under Colorado law, Domestic Violence is defined as:
- an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.
An intimate relationship is
- a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
Colorado’s DV definition is extremely broad. Intimate partners, for example, do not have to live together or be married to initiate a domestic violence charge. It could mean spouses, former spouses, domestic partners, boyfriends, and girlfriends.
DV includes physical violence, emotional and verbal abuse, and sexual violence. It can also involve threats of violence upon another person, property, or animal if it is used as a:
- method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Some of the most common criminal charges associated with DV (but not limited to) are Assault, Harassment, Stalking, Child Abuse, Elder Abuse, Disorderly Conduct, Sexual Assault, Menacing, False Imprisonment and Destruction of Property.
VIOLATION OF PROTECTION ORDERS
Colorado law makes it a class 1 misdemeanor offense to knowingly violate a protective order issued in connection with a domestic violence case.
Depending on the case, penalties include:
- up to 364 days in jail and/or
- up to fines of $1,000.
Colorado has two types of restraining orders for domestic violence:
- Civil protection orders (initiated by an alleged victim on their own), and
- Criminal protection orders (initiated by your criminal arrest, such as for domestic violence assault, menacing, child abuse, elder abuse, stalking, and false imprisonment)
A criminal protection order is mandatory when:
- you are arrested for a crime (other than a vehicle offense), and
- the police or the judge suspects you used actual or threatened violence to coerce, punish or control an intimate partner.
This means the law enforcement agency must arrest you – and the criminal court judge must issue a restraining order – in all domestic violence cases. This is so even if the alleged victim of domestic violence made up the charges, does not want to press charges, or change their mind.
You will be entered into Colorado’s electronic protective order registry as soon as the protective order has been issued. This means the police will be authorized to do whatever is necessary to keep “protected persons” safe. This includes arresting you if you allegedly violate the judge’s terms in any way.
If found guilty of violating a protection order, you can be sentenced EVEN IF the underlying domestic violence charge was dismissed. Call Beck Law to get you the best defense possible.
FREQUENTLY ASKED QUESTIONS
Do police have to arrest someone if there is probable cause for domestic violence in Colorado?
Colorado has a mandatory arrest policy that requires law enforcement to make an arrest when they have probable cause to believe that a crime involving domestic violence occurred.
It is unfortunate that a lot of the times say they have probable cause and just let the court figure it out.
What should I do if I’ve been arrested for domestic violence?
You have a right to remain silent. USE IT. Do not admit guilt or submit to police questioning until you have an attorney present.
Get experienced legal representation as soon as possible. Colorado fast-tracks domestic violence cases, which means time is limited to enter a plea and gather evidence to support your case.
Do not accept any plea deals or make a plea without legal representation. Any plea aside from “not guilty” may result in penalties and a permanent domestic violence charge on your public records.
What if the accuser doesn’t want to press charges?
Once a person has been arrested for Domestic Violence in Colorado, it is the state of Colorado who is prosecuting you, not the accuser. Charges will not be dismissed just because the accuser wants them to be.
You will be taken to jail and will remain there until a judge sets a bond amount. DV charges can’t be dismissed unless a prosecutor declares under oath to the court that they can’t prove the case beyond a reasonable doubt.
What is a “fast-track” procedure and how does it relate to domestic violence charges in Colorado?
DV cases are “fast-tracked” in order to ensure victims’ safety and aid you in getting treatment as quickly as possible. If charged, you would be obligated to enter a plea at their first court appearance. PLEAD NOT GUILTY.
Many people plead guilty right away because they are scared or want to get out of jail and deal with the unknown consequences later. DO NOT PLEAD GUILTY on your first time in front of the judge when bond is set.
If convicted in a domestic violence case, what penalties and consequences are possible?
The justice system does not take domestic violence lightly. In addition to any penalty you may face for a conviction, (i.e. probation, jail, community service fines, restitution) you would be facing:
- Domestic violence treatment program
- Mandatory protection orders
- Drug or alcohol counseling
- Restrictions on owning or possessing a firearm
- Habitual domestic violence offender status (becomes a felony on 4th DV conviction)
A domestic violence conviction can also affect your parental rights, employment opportunities, and ability to obtain a loan among other aspects of your life. It can also trigger federally mandated restrictions related to gun ownership, government employment, military service, and affect citizenship status.
How can a criminal defense lawyer help in domestic violence cases?
If you or someone you know was arrested for domestic violence, it is imperative that you contact a criminal defense attorney. As stated above, these cases are fast tracked. Time is of the essence to protect your rights and build a strong defense. Beck Law is dedicated to protecting our clients’ rights.
What can be done about the protection order?
Just like an arrest, a criminal protection order is mandatory in a domestic violence case. Depending on the facts and circumstances of your case, it can be modified to some extent or remain in effect for the duration of your sentence if you are convicted.
Since the protection order is in place to protect the accuser, it is the accuser who must ask the court to modify it. They can ask anytime throughout the case. The court and judge will look at factors such as, prior DV charges/convictions, how long the cooling off period was, whether or not the protection order had been violated before, and the accuser’s position.
Modifications could include electronic communications, third party communications, face to face contact in public places or allowing you to return home.
NOTE: If the protected person tries to contact you, DO NOT RESPOND! If you do, YOU will be in violation of the protection order, not the protected person. You could face additional criminal charges.
What if my children are listed on the protection order?
Domestic violence protection orders generally prevent you from seeing or contacting the alleged victim(s) and witnesses. Additionally protection orders typically require that you vacate and stay away from the home of the alleged victim, which will often be where your children reside. In many cases, protection orders prohibit you from seeing their children.
If your protection order prevents you from seeing your children, you must not violate it. The best thing to do is contact a domestic violence attorney. They may be able to work with the court to have the order modified to allow you to visit your children under certain circumstances.
What is a civil assist/standy?
Civil assist/standby allows a law enforcement officer to accompany you as you retrieve necessary personal items from your home. It is for a short duration, and you are only allowed to get personal items, nothing more. Officers will monitor what you take and probably prevent you from taking anything the accuser doesn’t want you to take. Generally, the time limit for a civil standby is 15 to 30 minutes.
Consequences of a Domestic Violence Conviction
A criminal conviction is lifelong. A domestic violence conviction can never be sealed, unless the case was in municipal court OR the case was dismissed entirely. You may never possess a firearm again—for any purpose– work, armed forces, or hunting. Convictions can result in losing your job or not being able to rent an apartment. Or if you are a noncitizen, it can result in deportation.
Do not do this alone. We can help you either get a dismissal, a good plea deal or take your case to trial. The consequences are just too high.