Domestic Violence

Colorado Domestic Violence Charges & Cases: What You Need to Know

• There are mandatory arrest laws in Colorado – By law, when police receive a domestic violence call, they are required to make an arrest if there is probable cause to suspect that domestic violence may have occurred.So, if a domestic violence call comes from your home, the chances are that someone will be arrested after police arrive at the scene. If that someone is you, the best things you can do are not resist the arrest (it won’t help you) and not say anything (as your statements could later be used against you).
• Physical contact is not necessary for domestic violence to have occurred – In fact, domestic violence charges can come into play when there is simply an alleged threat of violence or harmful physical contact. Similarly, these charges can arise from allegedly damaging property or harassing someone, including a romantic partner or any person “with whom the actor is or has been involved in an intimate relationship” (C.R.S. 18-6-800.3(1)).This creates a broad range of actions that can constitute domestic violence, as well as people who can bring about these charges.
• Mandatory ‘no contact’ orders take effect when domestic violence charges are filed – The intention of these orders is to err on the side of caution and protect the alleged victim while the case is pending.These orders can end putting the accused out of his or her home while also barring them from contacting the alleged victim in any way. Abiding by these orders will be crucial to the efficient and successful resolution of a domestic violence case.
• Alleged victims cannot drop domestic violence charges – Only prosecutors in these cases can choose to drop the charges. So, if the accuser later decides that (s)he no longer wants to pursue a case, (s)he can make this request to a prosecutor, but it will ultimately be up to the prosecuting attorney to make the decision regarding whether to pursue the case or drop the charges.
• A domestic violence conviction can result in a number of serious penalties – Along with possible jail time and fines, other court-ordered penalties for domestic violence can include mandatory attendance to a domestic violence program and probation. Additionally, Colorado domestic violence convictions can result in the loss of various rights, such as the right to own firearms, for life.
• Domestic violence cases are defendable – This may be the single most important fact to know when facing domestic violence charges because it can motivate the accused to retain an experienced attorney and fight the charges.The bottom line is that Colorado domestic violence charges are serious, and the outcome of these cases can have long-term, serious impacts on people’s lives. Because your future matters, make sure you have the strongest defense against these charges by contacting the Law Office of Jarrett Benson today.