Domestic Violence

Domestic Violence Criminal Attorney

All over Colorado, men and women are amazed at the criminal consequences of their relationships with others. Colorado now classifies friends as "intimate" partners, even though they have not engaged in a sexual relationship, or desired to be intimate. They may have only gone out to dinner together once and had pizza another time while watching a movie. The consequence of their friendship is that any crime between them can be charged as a Domestic Violence offense.

Imagine a woman angrily calling her male neighbor friend a third time after his loud stereo has kept her up into the early morning hours. Angry about not being able to sleep, she calls him a "disrespectful jerk!" Offended, the neighbor calls police and they charge the woman with Domestic Violence Harassment. She will now be required to undergo Colorado's extensive Domestic Violence treatment program set up by the state.

Domestic Violence is not a Separate Crime

Our government has set up Domestic Violence in a loose manner, with a broad definition. The definition of this sentence enhancer includes, "past or present unmarried couples." However, the law does not define what it takes to become a "couple." To make matters worse, the Colorado Supreme Court has interpreted the law even more broadly, specifically saying that a sexual relationship is not a prerequisite. C.R.S. 18-6-800.3 provides that any crime can have the Domestic Violence label attached to it - even those with no violence. More particularly, if a police officer in Arapahoe or Jefferson County learns of allegations that a crime involved an element of coercion, control, punishment, intimidation or revenge, then it is charged as DV. There are no limitations on the type of crime involved, as it can involve people, property or animals. Yes, a call complaining about a barking dog would even qualify if the recipient said it involved an element of revenge.  Review our Common Domestic Violence - Questions and Answers page.

Mandatory Arrest Provisions are Over the Top and Unnecessary

Domestic Violence calls to police usually result in an arrest due to Colorado's mandatory arrest provisions. In C.R.S. 18-6-803.6., the law states, "when a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence . . . has been committed, the officer shall, without undue delay, arrest the person suspected of its commission." There are no limitations of when the act of Domestic Violence occurred (a year ago?) or the type of DV allegations - such as an angry phone call. Further, remember that totally nonviolent conduct qualifies. You don't need to hit, push or even see the person accusing you.

Surprisingly, whether you are charged with any DV crime, like Domestic Violence Theft in Golden, Domestic Violence Criminal Mischief in Arvada, or Domestic Violence Staking - Harassment in Jefferson County, you will likely be arrested.  In our opinion, property crimes like these should be distinct from the restrictions associated with "person" crimes like Douglas County Domestic Violence Assault, Denver Domestic Violence Sexual Assault or Adams County Domestic Violence Harassment - strike, kick or shove, which present a risk of personal injury or death to the alleged victim. We are amazed that legislators can't see the difference between these types of crimes, and remove mandatory arrest / DV treatment laws for property crimes.

Serious Consequences of a Domestic Violence Allegation and Conviction

From the moment you are accused, Colorado police, DAs and judges assume your guilt. You are arrested, booked at the county jail, and not eligible for release until you see a judge and are served a protection order. The protection order requires that you not possess any firearms or ammunition. The protection order often keeps you from your children, your job location and your house. Any conviction will result in a lifetime prohibition of gun possession. From the moment you are arrested, you will have a criminal arrest background for a crime with the word "violence" in it, and potential employers, landlords and background checks will assume the worst. We have even seen Victim's Advocates, and Social Services workers encourage women "victims" to divorce their husbands for the sake of their children's safety. Implied threats are made to them and their kids if they don't comply. With this broad presumption of guilt and the serious consequences of being accused, it is essential that you involve an experienced Douglas County and El Paso County Domestic Violence lawyer ASAP.

What a Great Criminal Defense Attorney Can Do for You

From the beginning, an experienced lawyer can visit you in jail and then appear in front of a judge and limit the scope of your protection order to allow you to see your kids and go to work. We can send out an excellent private investigator to interview your accuser and any witnesses. We can have your bond reduced or set as a Personal Recognizance Bond in Golden, Centennial and Englewood. We can build a winning strategy for trial. If you must take a plea, we can make it firearm friendly or its consequences temporary. All this can only be done if you remain silent and contact us immediately upon your arrest. We should be your first call.

We Offer Same Day Jail Visits & Build a Shield of Protection Around Our Clients

When your friend or a family member cannot come to us, we will come to them twenty-four hours a day. For a low fee, we offer immediate county jail visits across Colorado, including Denver and Adams County. During these confidential attorney meetings in the jail, we will let your loved one know that they are not alone. We will review the evidence with them and begin to develop a winning strategy. We will explain the process they have entered and what to expect next under Colorado law. Step by step, those in custody learn the DV procedures to come and develop hope. We establish a protective shield around them.

Protect yourself, friends and loved ones by hiring affordable, excellent legal counsel when Domestic Violence accusations have been made. Never speak with someone in custody about the case or talk with police. Always exercise your right to remain silent, and call us 24/7 at 303-731-0719. Together, we can protect your future.

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