Domestic Violence

Colorado has a strict policy approach to domestic violence. Police are required to arrest a suspect if the accuser whether a wife, a girlfriend, a cohabitant, or a household member shows any sign of injury. The police may still arrest the accused even if there is no sign of injury.

  • You will be taken to jail.

  • You will not be able to get out of jail until you see a judge at your first Court appearance.

  • You will be served with a Restraining Order/Mandatory Protection Order (“MPO”) with terms and conditions you must obey.

  • You will not be able to modify or remove the MPO until sometime after your first appearance in Court and the “victim” is consulted by the prosecution or the victim advocate. Even if the accuser wants the MPO removed, the judge often will not remove it, if at all, until the next Court appearance.

Because Domestic Violence allegations can only increase a person’s sentence; it must be charged in connection with other crimes such as:

  • Assault.

  • Criminal Mischief.

  • Harassment.

  • Juvenile offenses.

  • Property crimes such as malicious mischief or trespassing.

  • Spousal abuse.

  • Stalking.

  • Threats.

  • Violations of protection orders or restraining orders.

  • Weapon use.

  • Wiretapping.

A Domestic Violence Conviction can prevent you from ever owning or possessing firearms and ammunition. After a domestic violence conviction, if you are caught in possession of a firearm or ammunition, you can be charged with a felony in Federal Court.

RESTRAINING ORDER/MANDATORY PROTECTION ORDER (“MPO”)

In response to an accusation of domestic violence or spousal abuse the Courts will issue a RESTRAINING ORDER against the accused. At any time of day or night a court can, on the flimsiest evidence of abuse, issue a Restraining Order which can have a devastating effect on your finances and rip your family apart. The Court can order you to:

  • To leave your home, even if it is your house or apartment.

  • To not contact or communication with your accuser and your children (even telephone or e-mail contact).

  • To make rent or mortgage payments on a home you cannot return to until the Restraining Order is removed.

Often the accuser will seek to have a CIVIL COURT to issue a Permanent Restraining Order against you separately or as a part of a Custody Dispute or Divorce proceeding. This is separate from and must be fought independently from the Restraining Order/Mandatory Protection Order that the Judge in your Criminal Case imposed on you. You should NEVER agree to the placement of a restraining order against you without consulting with an attorney.

REMEMBER

DO NOT make any statements to the police.

DO NOT make any statement to the person who accused you of domestic violence.

DO NOT contact the person who accused you of domestic violence, if a Restraining Order is issued by the Court against you.

You may not realize how serious a charge of domestic violence can be and how damaging it can be to your reputation and career

It is very easy to claim that someone is a victim of domestic violence charges and often the accusation is used as leverage in a Family Law case. Charges of domestic violence are sometimes levied to increase the accuser’s chance of winning property, custody, and visitation battles.

Even if the alleged victim wants to drop the charges later, your case is now in the hands of the prosecution and the prosecutor is the only person with the power to dismiss your case.

If you have been arrested or charged with any type of domestic violence, contact an experienced attorney committed to protecting your rights.