Domestic Violence cases evoke strong feelings. Two people who have loved each other are at odds and emotions are high. The bonding which occurs through a sexual relationship is powerful. It cements a man and woman. A threat to break up that relationship is deeply hurtful and causes immense conflict between defense of the prior love and defense of self. In most cases, the sense of loyalty possessed by a couple will resurface following a Domestic Violence altercation. Domestic Violence Protection / Restraining Orders can be used for your benefit if managed correctly.
How an Accused Defendant Can Benefit from Protection / Restraining Orders No-Contact Provisions
In each Domestic Violence case in Douglas and Arapahoe County, the court imposes a Protection Order or Restraining Order which tells the accused to have no contact with the alleged victim. While the basis for this order is to protect the “victim” from further harm by the defendant, this Protection / Restraining Order also operates to cause pain for the alleged victim. We can use that pain to your advantage. Read more below for an example of how this is accomplished.
Example of Protection Order Case:
Bob falsely accuses Sally of Domestic Violence Assault and Harassment, C.R.S. 18-9-111, in Denver. He says she slapped him during an argument. Sally is arrested and hires one of our criminal defense attorneys to defend her. The court imposes a no-contact order between Sally and Bob, as part of the Protection Order. Sally is simply not allowed to talk with Bob or have any form of communication. As the case progresses, Bob starts to miss Sally. While nothing prevents him from texting her and calling her, she can’t respond, or she’d be charged with Violation of a Protection Order. They have been in an intimate relationship for three years and he wants to be back with her. He misses her cooking, her voice, her laugh, their dog and the intimacy. He eventually calls Sally’s attorney to ask how he can communicate with her. The defense lawyer tells Bob that she’d love to talk with him, but is prevented from contact due to the case he filed, and the resulting Protection Order. The attorney suggests Bob call the DA.
In the above example, Bob will start to have contact with the DA and tell him he does not want the case to go forward anymore. He has second thoughts about testifying against Sally and even suggests to the DA that maybe the police report is not 100% accurate. The DA starts to think he might not have such a great case because the facts are changing and because the “victim” does not have his heart in the prosecution. In cases like this, one of two things will occur: 1) the plea bargain offers to settle the case will get a lot better; 2) the DA may eventually dismiss the case as it nears trial. They don’t like to take cases to trial where they are likely to lose.
Here are some key principles from this scenario:
1. Time heals wounds.
2. Even the “victim” feels pain from a Protection Order.
3. Victims feeling pain want to resolve that pain and can do so by talking with the District Attorney assigned to the criminal case.
4. A criminal defense lawyer can use a victim’s pain to better their client’s position.
5. The accused should not take steps to reduce the pain felt by the alleged victim, because that pain motivates the accuser.
6. DA’s don’t like to go to trial with a reluctant or unwilling victim.
Men and women accused of Domestic Violence cannot violate the terms of their mandatory Protection / Restraining Order. They can’t have any contact unless the court permits, and they cannot have a third party relay messages which they can’t send themselves. Protection Orders prevent contact which is important to both parties to a Domestic Violence case. If managed correctly, a dismissal or favorable plea agreement becomes more likely under a Protection Order where the defendant follows a plan outlined by his or her lawyer.
If you are charged with Domestic Violence Assault or Harassment, contact one of the best Denver criminal defense lawyers at our office by calling 303-731-0719. Together, we can protect your future.