Domestic Violence Charges

Domestic violence (DV) is not a separate crime in Colorado. It’s an enhancer to any underlying misdemeanor or felony that occurred between former or current intimate partners.

The Colorado legal system takes domestic violence allegations very seriously. One charge can ruin your reputation, career, contact with kids, and your ability to own a firearm.

Not all charges are fair. You can get railroaded because of a personal vendetta between your partner or the person who filed the charges. Sounds scary, right? This post has all the important information you need to know about domestic violence.

From the charges themselves to what to do after you get charged, we’ve got you covered.
Keep reading to protect yourself if you get charged with domestic violence.

In Colorado, domestic violence is not a standalone charge but an enhancer to the penalties for the underlying crime committed against someone you are or were in an intimate relationship with. This can be spouses, ex-spouses, dating partners, or co-parents.

The severity of the charge depends on the original crime. For example, a minor assault might be a misdemeanor with fines and potential jail time. But if domestic violence is involved it can be a felony with much more severe penalties.

Colorado law enforcement takes domestic violence very seriously and has a mandatory arrest policy. If officers have probable cause to believe a crime was committed during a domestic violence incident they will arrest the suspect even if the victim doesn’t want to press charges.

While the decision to charge is up to the district attorney’s office, the police will collect evidence from the scene including witness statements and any physical evidence of violence. The district attorney will then review that evidence to decide if there’s enough to file formal charges.

Remember:

In Colorado, the case can still move forward even if the victim withdraws their initial statement. Prosecutors in Colorado can charge you regardless of the victim’s wishes. Are you charged with domestic violence in Colorado?

Get legal advice now. A Colorado DV attorney can help you through the system and protect you.

Colorado takes domestic violence seriously. In Colorado, you can be charged if there is any evidence that you committed an act of violence against someone you are or were in an intimate relationship with.

This can include:

• Current or Former Spouses: This is the most common. If you are married to someone or were previously married and you commit violence or threats against them you can be charged with domestic violence.
• Dating Partners: Even if you’re not married to your partner but you’re currently dating or have dated in the past domestic violence charges apply if you act violently or threaten violence.
• Roommates with a Romantic History: Just because you live with someone doesn’t mean you’re in a domestic relationship. But if you were romantically involved with your roommate and then committed violence domestic violence charges are possible.
• People with a Shared Child: Were you never romantically involved with the other parent of your child? Colorado law recognizes the importance of a safe co-parenting environment. Violence or threats against your child’s co-parent can be domestic dispute charges.
• Same-Sex Couples: Colorado’s domestic violence laws apply to all relationships equally. Same-sex couples can be charged with domestic violence if one partner acts violently or does intimidating behavior towards the other.

Penalties for Domestic Violence Assault

Domestic violence assault in Colorado can have long-lasting effects. It goes beyond the immediate incident. The penalties depend on the specific facts of the case.

If you’re charged with domestic violence the consequences can be severe. Here’s how Colorado’s legal system handles domestic violence assault:

1. Severity Scale: Domestic violence assault in Colorado is a misdemeanor or felony. The classification depends on the level of violence, weapons used, and prior offenses. Third-degree assault a misdemeanor can carry up to 18 months in jail and $5,000 in fines.

Second-degree assault becomes a class 4 felony with 2-6 years in prison and big fines. The most serious is first-degree assault which is a class 3 felony with 4-12 years in prison and big fines.

If someone has 3 prior criminal domestic abuse convictions in Colorado they are labeled as a habitual or usual domestic violence offender. It’s a Colorado Class 5 felony which is 1-3 years in prison, followed by mandatory parole, and up to a $100,000 fine.

2. Beyond Jail: Jail time isn’t the only consequence. The court can order you to participate in domestic violence treatment programs to address the underlying issues that caused the violence.

Probation is also expected with supervision and restrictions. Community service is another penalty the court can impose. This is also called Useful public service, or UPS. Restraining Orders: The court can issue a restraining order to protect the victim from further harm. It legally restricts your contact with the victim, often prohibiting communication and setting a physical distance you must maintain. Violating a restraining order is a separate crime with its own penalties.

3. Loss of Rights: Domestic violence assault convictions can impact your gun rights. A felony conviction usually means a permanent gun ban. Misdemeanor convictions involving threats or use of force can mean temporary or permanent gun confiscation.

4. Immigration Consequences: Non-citizens charged with domestic violence assault face immigration issues. Depending on the severity of the offense and your immigration status deportation proceedings may be initiated.

5. Long-Term Effects: A domestic violence assault conviction stays on your record. It can affect employment opportunities, housing applications, and professional licensing. The effects go beyond the initial legal case and can impact your life for years.

Penalties for Domestic Violence Battery

Domestic violence battery, the use of force against a family or intimate partner, can destroy your future. These penalties can include jail time and fines to court-ordered programs and restrictions on your freedom.

Here are the 6 you need to know:

• Domestic Violence Charge Jail Time: Depending on the level of violence and your criminal history a domestic violence battery conviction can put you in jail. Sentences can be a few days to a year or more. It disrupts your life and can cost you your job.
• Fines: Courts often impose fines along with jail time or as a standalone penalty. Fines can be big and linger long after you’ve served your time.
• Probation: Probation is common in domestic violence battery cases. Probation requires you to follow strict rules, such as regular meetings with a probation officer for a certain amount of time. Violating these rules can mean additional penalties including jail time.
• Mandatory Programs: Many courts order domestic violence intervention programs. It’s a condition of probation or part of a plea deal. These programs educate offenders about the dynamics of domestic violence and help them develop healthier relationship patterns.
• Restraining Orders: To protect the victim from further harm the court may issue a restraining order that prohibits you from contacting the victim. You may have to stay a certain distance from them even if you have to contact them. Violating a restraining order can mean arrest and additional criminal charges.
• Loss of Rights and Privileges: A domestic violence battery conviction has far-reaching effects beyond the criminal justice system. You may lose gun rights, have trouble getting professional licenses, or have limited housing options.

Strangulation

In Colorado, strangulation of an intimate partner is a felony and falls under domestic violence laws. There’s no violence allowed in the home. Authorities take strangulation particularly seriously because of the life-threatening consequences. Law enforcement takes these allegations seriously and so should you.

The law defines strangulation of a domestic partner as intentionally or knowingly impeding normal breathing or blood circulation. It’s done to the victim by applying pressure to the throat or neck or blocking their nose and mouth.

It can be done with hands, forearms, objects, or even knees. The key is the intent to cause harm by restricting airflow. Sometimes strangulation is improperly referred to as “choking”.

Even if the strangulation attempt doesn’t result in any visible injuries it’s still a crime. Colorado recognizes strangulation even in cases where there are no external marks. The trauma can be significant and the risk of serious medical complications including death is high.

But false accusations of strangulation can mean death to your life. If you’re convicted of DV strangulation in Colorado you’re looking at felony charges. In Colorado, strangulation is a Class 4 Felony.

In Colorado, domestic violence doesn’t stand alone as a charge but rather is an enhancement to penalties for underlying crimes committed against someone you are or were in an intimate relationship with. This can include spouses, ex-spouses, dating partners, or co-parents.

The severity of the charge depends on the underlying crime. For example, a minor assault could be a misdemeanor with fines and potential jail time. But if domestic violence is involved it could be a felony with much tougher penalties.

Colorado law enforcement takes domestic violence seriously and has a mandatory arrest policy. If officers have probable cause to believe a crime was committed during a domestic violence incident they are required to arrest the suspected perpetrator even if the victim doesn’t want to press charges.

While the decision to charge ultimately rests with the district attorney’s office the police will gather evidence from the scene including witness statements and any physical evidence of violence. The district attorney will then review this evidence to see if there’s enough to file formal charges. You may also be ordered to complete mandatory domestic violence treatment programs.

Courts View Repeat Offenses as a Pattern of Behavior

You’re in a tough spot. Whether the domestic violence accusation against you was proven false or not. The court can see repeated accusations as a pattern of behavior. It can have serious consequences in any domestic violence legal matter. You may get restraining orders, child custody disputes, and criminal charges.

Here’s why this matters:

Colorado courts prioritize the safety of victims. While they know false accusations can happen, a history of false allegations raises red flags even if unfounded. It’s because courts may view it as a tactic to control you, manipulate the system, or create a false narrative.

The court will look at the whole picture. They’ll examine the details of each accusation including witness statements, police reports, and any evidence presented. If there’s a pattern of allegations even if dismissed the court may take steps to protect the alleged victim.

It could mean a restraining order, limited access to your children, or even impact your ability to defend yourself in future legal matters.

Don’t underestimate the seriousness of these accusations. If you’ve been falsely accused of domestic violence take action. Gather evidence to disprove the claims, document any attempts at communication, and consider getting a lawyer.

Our top domestic violence defense lawyers rare ready to provide strong protection at an affordable cost. Protecting yourself from false accusations is key to protecting your rights and future.

Defenses to Domestic Violence Charges

You’ve been charged with domestic violence and it’s a tough situation. It’s a confusing time but there are steps you can take to address the charges. Not legal advice but here are some potential defenses.

Consider these six:

• False Accusation: If you think the allegations are entirely untrue you can argue false accusation. This defense is based on proving the alleged victim lied about what happened. Inconsistent statements, no injuries despite claims of violence, or witness testimony that contradicts the accusation can help your case.
• Self-Defense: If you acted in self-defense or to protect someone else from imminent harm you may have a defense. It requires showing a reasonable fear of immediate danger and that your response was proportional to the threat. Documentation of prior abuse by the alleged victim can support your claim.
• Accidental Injury: Accidents happen. If the alleged injuries were from an accident not violence you can argue this defense. Photos or witness accounts of the scene and the accident can be helpful evidence.
• Police Procedural Errors: If the police violated your rights during the arrest or investigation evidence obtained may be suppressed. It could mean not reading your Miranda rights, an illegal search, or collecting evidence improperly. Talk to an attorney to see if there were any police errors.
• Lack of Mental Capacity or Intent: If you were under the influence of drugs or alcohol or having a mental health crisis at the time of the incident it may have affected your intent. Documentation of a medical condition or evidence of intoxication can be relevant to this defense.

These are just potential defenses and will depend on your specific situation. We recommend you talk to a domestic violence attorney, which is key. They can evaluate your case, develop a defense strategy, and advocate for you throughout the process.

What to Do After a Domestic Abuse Charge?

A domestic violence charge is scary. It can have long-term consequences, and affect your job, housing, and relationships. A domestic violence charge can impact a custody decision and a family law case very easily.

Do this now:

1. Know the Charges:

• There may be restraining orders so read the limitations and consequences of violating them
• Get a copy of the police report and read the charges against you.

2. Get a Lawyer:

• Don’t go it alone. Call a domestic violence attorney.
• A lawyer will guide you on your rights and develop a defense strategy.

3. Obtain Evidence (if applicable):

• If you were in self-defense gather any evidence to support your claim. You may have medical records of injuries, witness statements, or photos of damage.
• Show this to your lawyer to bolster your case.

4. Address Underlying Issues:

• Domestic violence charges often come from underlying issues like anger management or substance abuse.
• Consider anger management classes or therapy to address these issues and prevent future incidents.

5. Prepare for Court:

• Be honest with your lawyer about what happened leading up to the charge.
• Follow their instructions on communication with the court and appearances.

Charged with Domestic Violence in Colorado Springs? Call Now!

The Colorado legal system is tough when there’s domestic abuse involved. Your lawyer will:

• Review every detail of your case
• Find weaknesses in the prosecution’s case
• Develop a defense strategy for you

They will also explain your options and walk you through the process. A good lawyer will make sure you know your rights and the consequences.

Your Rights and Freedom

Domestic violence charges have serious consequences. It affects your job, child custody, and even your right to own a gun. Your lawyer will do everything to protect your rights and minimize the penalties.

It means arguing to get the charges dismissed, negotiating a plea, or preparing for trial.

Support and Representation in a Tough Time

These cases are emotional. Your lawyer will be your legal advocate and a source of comfort and guidance. They will deal with the court and the prosecution so you can focus on yourself and your safety.

Domestic violence assault charges can be life-changing. Don’t go through this alone. Call McDowell Law Firm. Our Colorado Springs domestic violence lawyers will fight for you.

We know the domestic violence laws of Colorado inside and out. We will work hard to get you the best result. Call us today to schedule a free consultation. 719-227-0022.

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