Many people who have never been in trouble with law enforcement are shocked to learn that Colorado has a mandatory arrest law for domestic violence (DV) cases. If officers respond to a domestic disturbance, and find probable cause that a domestic violence crime has been committed, one of the parties is going to jail. This is complicated by the fact that the Colorado Revised Statutes have a broad definition of what constitutes a domestic violence case. In this post, we’ll explore Colorado’s arrest law for all domestic violence offenses and why police officers are mandated to make arrests, sometimes even in minor incidents in which no physical violence took place.
How Colorado Defines Domestic Violence
The state of Colorado defines “domestic violence” in the Colorado Revised Statutes Title 18. Criminal Code § 18-6-800.3. Most people have misconceptions about what constitutes a domestic violence crime based on what they see on television shows and movies. They envision the worst possible scenario, which is a victim who is bruised, battered, and bloody. Colorado describes domestic violence much more broadly than that.
Domestic violence in Colorado is defined as an act or a threatened act of violence against a person that the perpetrator has, or previously had, an intimate relationship with. An intimate partner can include a spouse, an ex-spouse, a boyfriend, a girlfriend, or a live-in domestic partner. It does not automatically denote that the couple is in a current or previous sexual relationship; the case could technically involve two people who live together.
That’s not where the definition of domestic violence ends in Colorado, however. The statute includes an act or threatened act of violence against property, including an animal such as a pet. “Threatened acts of violence” covers a lot of unexpected ground. While it includes intimidation, stalking, sending threatening text messages, and similar acts, it could also simply mean that an intimate partner loses their temper and yells at the other person.
How Police Handle Domestic Violence Investigations
Colorado’s mandatory arrest statute ties the hands of police in certain ways when they respond to a call of a domestic disturbance. Responding officers will carry out an investigation when they arrive at the scene. If they find probable cause that an act of domestic violence may have taken place, they are required to arrest and charge the alleged aggressor. This can apply even if neither party has any visible signs of physical violence and even if neither party wants to press charges.
The responding officers are required to make a judgment call. The statutes say that the officers must try to determine whether there is probable cause. The law also says that domestic violence can include any other potential crime “when used as a method of coercion, control, punishment, intimidation, or revenge.” Let’s look at that in a little more detail.
Possible Scenarios That Can Result in a Domestic Violence Arrest
Here is a hypothetical scenario:
Picture a couple arguing in a parking lot about something. In a heated moment, the husband blurts out, “I’m so mad I could shake you!” A witness calls the police. When the responding officers arrive, the couple assures them that no domestic violence has taken place. They tell the officers, “We fight like this all the time, it’s no big deal.” The couple might think the whole incident is silly and trivial.
Unfortunately, the officers find multiple witnesses in the parking lot who saw the husband “threaten violence” against the wife. The police have their hands tied in this hypothetical situation. They are required under Colorado’s mandatory arrest law to place the husband in custody.
Here’s another hypothetical scenario. A male aggressor physically restrains a female victim during a domestic violence incident. The female victim bites the aggressor or jabs him in the arm with a fork to get away. When police respond to this type of domestic disturbance, only one person has any visible signs of physical violence — the aggressor. If the aggressor is a convincing liar, the police could end up arresting the victim for domestic violence and taking her to jail. Studies have shown that in states where mandatory domestic violence arrest laws have been passed, female arrests have dramatically increased.
The fact that Colorado’s law includes violence against property opens up many additional ways that a person could be arrested on a domestic violence charge. If a couple has an argument and the husband walks out into the garage, alone, and punches a hole in the drywall in frustration, is that domestic violence? What if a girlfriend throws a plate on the floor and breaks it in frustration? In Colorado, incidents like these could technically result in a person going to jail.
We don’t point these scenarios out to downplay the seriousness of domestic violence. The point is that Colorado’s “one size fits all” approach to domestic violence can and does result in innocent people going to jail because the police have their hands tied. The law is intended to protect victims from further acts of violence, but the truth is that mandatory arrest laws sometimes result in innocent people being punished.
What Happens After a DV Arrest in Colorado?
Colorado’s mandatory arrest law means that a person can be taken to jail on a domestic violence charge, regardless of whether the alleged incident was a misdemeanor or a felony. That person will then be kept in jail on a no-bond hold. For most cases, this is 24 to 48 hours of detention. A person is only given the opportunity to post bond after a hearing with a judge.
An alleged victim might not even want to press charges against a suspect for the incident that the suspect was arrested for. Unfortunately, it’s now up to a prosecutor to decide whether to pursue charges. An overzealous prosecutor might look at a case as an “easy win” for their record and try to get a suspect to plead guilty. This is why anyone charged with a domestic violence offense need an experienced defense attorney in his corner every step of the way.
Consequences of a Domestic Violence Conviction in Colorado
When someone is convicted of domestic violence under Colorado’s mandatory arrest law, the consequences can be severe. All domestic violence convictions include the possibility of a jail or prison sentence. A court may also issue a restraining order against a person that requires him to stay away from his alleged victim, or even his own children. A conviction can harm a person’s ability to get a job. The consequences of a conviction can and will follow a person for many years.
If you have been arrested on a domestic violence charge in Colorado, it can have a serious impact on your future. You shouldn’t try to fight the charges on your own. You need an experienced defense attorney in your corner to defend your rights.
If you have been arrested under Colorado’s mandatory arrest law for domestic violence, you should contact Sheehan Law Denver before making any statements or entering a plea. Call us at (720) 381-6146 to have an aggressive and experienced defense attorney protect your rights in court.