Being accused of domestic violence in Colorado is a serious matter. The legal and emotional challenges are complex. Domestic violence accusations can include many types of offenses, including physical assault and emotional abuse. Colorado law has strict procedures for dealing with domestic violence, including protective orders and mandatory arrests.
Navigating the legal system can be daunting for anyone accused of domestic violence, especially those who are wrongly accused. Errors in the early stages of the legal process can affect you for the rest of your life. Understanding your rights after an accusation is imperative. A domestic abuse attorney can help you understand your rights and guide you through the legal process of defending yourself against a domestic violence accusation.
Understanding Domestic Violence Laws in Colorado
Colorado Revised Statutes §18-6-800.3 defines domestic violence as “any act or threatened act of violence” against someone who you are involved in an intimate relationship with. It includes current spouses and partners, co-parents, or those involved in an intimate relationship. The law also includes crimes “against a person or property when used as a method of coercion, control, punishment, intimidation, or revenge” against the person with whom you are involved.
Types of Domestic Violence
In Colorado, domestic violence is not just physical abuse. It includes:
- Sexual abuse – any non-consensual sexual contact or behavior
- Emotional abuse, including threats, intimidation, stalking or harassment
- Economic abuse, including restricting or controlling access to financial resources
- The destruction of property and / or possessions that belong to the victim
Colorado Statutes for Domestic Violence
Colorado has several statutes that discuss domestic violence, including:
- C.R.S. 18-6-800.3: The basic definition of domestic violence and the types of offenses
- C.R.S. 18-6-801: Enhanced sentencing for domestic violence offenses
- C.R.S. 13-14-101: Protective orders in domestic violence cases
What is Colorado’s Mandatory Arrest Policy?
Because domestic violence is a serious issue and can mean the difference between life and death, Colorado has a mandatory arrest policy. Law enforcement officers are required to arrest the accused if they can establish probable cause that a person committed an act of domestic violence. A police officer’s finding of probable cause is not the same as proof beyond a reasonable doubt.
Colorado Protective Orders
Victims of domestic violence can ask for a protective order to keep the abuser from contacting or approaching the alleged victim. Protective orders often contain provisions for temporary custody of minor children, requiring the accused to move out of the family home and other necessary actions to protect the victim.
A protective order against you can also affect your ability to obtain gainful employment, even later in life, as some employers may hesitate to hire someone accused of an act of domestic violence, even if the charges are manufactured.
What to Do if You Are Accused of Domestic Violence
Once you have been accused of domestic violence, you should take immediate action. Any mistakes made during this phase of an investigation can negatively impact the outcome of your case, so it is important to consult with an attorney who has experience handling domestic violence cases.
Always comply with law enforcement if they show up at your home or place of employment. Cooperate with officers, as resisting can result in additional charges. However, ask to contact your attorney before you say anything or answer questions. It’s very easy to say something that might seem harmless at the time, but if a statement is taken out of context or misunderstood by law enforcement, it could severely impact the outcome of your case.
If you don’t have a domestic violence attorney, contact one as soon as possible. You need to ensure the attorney has experience handling Colorado domestic violence cases. Your attorney will ask you about the details of your case and can give you legal advice. The attorney can also help build your defense and help you through the process of defending yourself against the domestic violence charges.
Common Domestic Violence Defenses
Domestic violence allegations in Colorado have several defenses. The defenses your attorney might use depend on the circumstances of your situation and can include:
- False Allegations: Making false allegations of domestic violence is common. Your accuser may be feeling jealous, want to take revenge against you, or even want to gain the upper hand in custody proceedings.
- Self-Defense: You were acting in self-defense to an imminent threat.
- No Evidence: Your accuser must prove that you are guilty of domestic violence through evidence.
- Consent: Show evidence that the accuser consented to the actions you took.
Each defense requires you to provide evidence and requires an understanding of the facts in your case. A domestic violence attorney can help you understand why your accuser brought domestic violence charges against you and gather evidence to prove your innocence.
Evidence in a Colorado Domestic Violence Case
Evidence is not just documentation of correspondence such as letters, texts and social media posts. It also includes:
- Physical Evidence: Clothing, physical marks that contradict your accuser’s story, physical items used – or not used – in the incident.
- Photos: Take photos of your injuries, the scene of the incident, and other relevant photos.
- Documents: Emails, text messages, social media posts, medical records and other documentation.
- Witnesses: Witnesses who saw the incident or can testify that you were not in the area at the time of the incident. Witnesses also include character witnesses who can speak to your character and behavior.
- Expert Witnesses: Psychological and forensic experts can testify about your and your accuser’s mental state and the physical evidence presented in your case.
- Cross–Examination of Witnesses: Can expose weaknesses in your accuser’s and his or her witness’s testimony. Cross-examination can also challenge your accuser’s credibility and expose any biases.
Potential Outcomes
The outcomes of a domestic violence case in Colorado depend on several factors, including the evidence you provide and the ability to show that the accuser might have filed false charges. Outcomes include:
- Charges Dismissed: If your accuser does not have the evidence to prove domestic violence, your case has procedural errors in the investigation or arrest, your accuser filed false allegations, or the arrest did not have sufficient probable cause, the court may dismiss your case.
- Plea Bargains: Sometimes, negotiating a plea bargain can be the most strategic decision. Plea bargains can result in reduced charges, alternative sentencing or the avoidance of a trial.
- Trial Verdict: If the case goes to trial, you can be acquitted – the jury or court finds you not guilty of the allegations, or you could be convicted and sentenced if the jury or court finds you guilty.
If you are found guilty, sentencing could include incarceration, probation, fines, fees, and mandatory participation in a domestic violence treatment program.
The Importance of Retaining a Domestic Violence Attorney
If you have been accused of domestic violence in Colorado, you will need an attorney experienced in handling domestic violence charges to help you through the complexity of this type of case. If you are convicted, your actions could follow you around for the rest of your life. The attorney you choose should have the experience of handling many domestic violence cases and the expertise to defend you in court.
Check the attorney’s reputation and reviews and ensure the attorney communicates with his clients. You also need to ensure that you and the attorney are compatible with each other. During your initial consultation, you can determine the answers to these and other questions you may have about the attorney’s experience and expertise.
Sheehan Law in Denver helps you navigate through the complex process of defending a domestic violence allegation or arrest, including working on a defense strategy and protecting your rights.
Contact Sheehan Law today for a free consultation if you have been accused of or arrested for domestic violence.