The 25 Most Common Questions When Charged with Domestic Violence in Colorado
Being charged with domestic violence charge in Colorado can be overwhelming. Understanding the legal process and potential consequences is crucial. A person charged with a domestic violence case should have an experienced attorney representing them as the consequences can be life-altering. Black, Blink, & Associates, 719-694-0578, provides free consultation and can fully explain the potential consequences, as well as discuss the potential defenses, evidence, court procedure and answer any questions. Here are some common questions and answers:
What is domestic violence in Colorado?
Domestic violence in Colorado is not a separate crime but rather a sentencing enhancer or aggravator that applies to an act or threatened act of violence between people in an intimate relationship. This includes any crime against a person or property when used as a method of coercion, control, punishment, intimidation, or revenge against an intimate partner or former intimate partner.
What types of relationships are considered “intimate relationships” in the context of domestic violence?
Intimate relationships include spouses, former spouses, past or present unmarried couples, or parents of the same child.
Is Colorado a mandatory arrest state for domestic violence?
Yes, Colorado law requires law enforcement to make an arrest if there is probable cause that domestic violence occurred. People are often surprised that they or their partner got arrested when the intent was merely to calm a situation down or separate the parties. It is important to have an experienced attorney, like the attorneys at Black, Blink, & Associates, representing the accused.
What are some common domestic violence charges in Colorado?
Domestic violence can enhance charges such as assault, stalking, harassment, violating a restraining order, criminal mischief, kidnapping, false imprisonment, phone obstruction and child abuse.
Will someone be arrested if domestic violence is reported?
Generally yes. If police believe probable cause exists in a domestic violence call in Colorado, they must arrest the suspect, even with conflicting accounts. In some cases, both parties are arrested.
What happens after an arrest for domestic violence?
Following arrest, an individual will be taken to jail, remain there until a judge sets bond, and be subject to a mandatory protection order. An attorney experienced in DV cases can assist the person charged, and often have a case dismissed, reduced charges or penalties, and in many cases amend the protection order so the couple can communicate and even be back together while the case is pending.
What is a mandatory protection order in a domestic violence case?
This court order, also called a restraining order, typically prohibits contact with the alleged victim, the defendant being required to leave the shared residence, and not allowed being near the person. They also can require the charged person to refrain from alcohol or illicit drug use, and not possess any weapons.
A skilled attorney can often have the protection order modified, removing some of the conditions. Contact Black, Blink, & Associates for a free consult.
Can the accuser drop the charges?
No, the District Attorney’s Office decides whether to pursue a case, not the alleged victim. However, if the accuser is wanting to drop the charges, this can be used to persuade the prosecutor.
What if the alleged victim recants their story?
While prosecutors may be suspicious of recanting victims, they can still subpoena the victims and question them about their original charges, the statements they made to the police, and have an expert testify to why an alleged victim may be changing their story. An experienced attorney will know who to use this information to get the defendant in the best possible position legally. The attorneys at Black, Blink, & Associates has handled 1000’s of DV cases.
Will an individual be released on bail?
Bond will be set by a judge, allowing release once posted. A PR bond (personal recognizance bond) is often granted. An experienced attorney will know how to argue for a PR bond or low bond. Pleading guilty just to be released is not advised as it results in life-long consequences.
What are the potential penalties for a domestic violence conviction?
Penalties vary based on the underlying offense and can include jail time, fines, and mandatory treatment programs. Repeat offenses can lead to harsher penalties. There are also collateral consequences, (consequences outside of the court’s penalties) that have life-lasting consequences. A person should hire an attorney to protect their long term rights.
Can a domestic violence conviction affect employment or parental rights?
Yes, a conviction will appear on a background check, and can impact employment, professional licenses, child custody, and the ability to obtain housing and loans. It is important to do everything possible to avoid a permanent conviction. You can contact Black, Blink, & Associates to further discuss in a free consultation.
Will gun rights be lost if convicted of domestic violence?
In most cases, a domestic violence conviction will result in losing the right to own firearms. Regardless of the guns being owned for self-defense, hunting, being a collector, or antique weapons. If owner a weapon is important to the person charge, or even other family members living in shared residence, it is important to avoid a DV conviction. You can contact Black, Blink, & Associates to further discuss in a free consultation.
Are there any alternatives to incarceration?
Yes, alternatives like probation or diversion programs may be available, especially for first-time offenders. Also, there may be work release programs or in-home detention options depending on the jurisdiction. Legal assistance early on can improve these chances of avoiding incarceration.
What are some possible defenses to domestic violence charges?
Defenses include self-defense, arguing the incident was an accident, or challenging the victim’s credibility or the existence of an intimate relationship. Police misconduct or insufficient evidence are also possible defenses. Mitigation can also be important to show it was an isolated event or related to a stressful event. An experienced attorney will be able to determine credible defenses. The attorneys at Black, Blink, & Associates has handled 1000’s of DV cases.
What should someone do if arrested for domestic violence?
Shut up!! A person charged should always be polite to police. The person should provide basic contact information like name, address, phone number, and date of birth. Questions outside of providing basic identifying information should be avoided. A person should exercise their right to remain silent and their right to an attorney, politely informing the officer of these rights being invoked. It is recommended to remain silent and not answer police questions without an attorney. Seek legal representation as soon as possible. The law offices of Black, Blink, & Associates are easily accessible. 719-328-1616
How can someone get legal help?
Contacting an experienced Colorado domestic violence criminal defense attorney is recommended. Many firms offer free consultations. You can contact the law offices of Black, Blink & Associates at 719-328-1616 Blackandblinklaw.com
Can an individual represent themselves in court?
While this right exists, hiring an experienced attorney is highly recommended to protect rights in these complex cases. A prosecutor will attempt to get a defendant to plead guilty while that my not be in the best interest of the defendant. Remember that these cases have life long consequences.
How long do domestic violence cases typically take?
These cases are often fast-tracked in Colorado, but can also take several months to resolve. A person should not be in a rush to plead guilty, and should hire an experience attorney to assist them.
Can a protection order be modified or removed?
Both parties can request modification of the protection order. In some situations the defendant may be allowed back in the home and be permitted to communicate with the alleged victim. The portions of the protection order that requires the defendant to not harass, alarm, threaten or retaliate against the victim will remain in place throughout the duration of the case.
What happens if a protection order is violated?
Violating an order is a separate criminal offense with potential fines and jail time. It is also a violation of the bond condition of the original case. Also, it will make it harder to negotiate with the prosecutor in the original case or revoke probation.
Can a domestic violence charge impact immigration status?
Yes, convictions can have serious consequences for non-citizens, including potential deportation. While it is important to have an experienced criminal attorney, the accused should also have an experienced immigration attorney.
Can a domestic violence conviction be sealed from a record?
Convictions are generally not sealable in Colorado, except in certain municipal court cases after three years. Dismissed charges can be sealed immediately. If the person is able to enter into a plea that is later dismissed, it may be sealable.
What resources are available for domestic violence victims?
Various organizations offer support, including the Address Confidentiality Program (ACP), Center for Community Safety and Resilience, Office for Victims of Crime (OVC), and the National Domestic Violence Hotline.
Will a domestic violence charge affect a divorce or child custody case?
Yes, courts will consider these charges and convictions when determining child custody and visitation, focusing on the child’s best interests.
Disclaimer: This information is for general educational purposes and should not be considered legal advice. Consulting with a qualified Colorado criminal defense attorney like the attorneys at Black, Blink, & Associates is essential for specific advice regarding domestic violence charges.