A call to the police during a heated argument can change your day quickly. In Colorado, an arrest may follow a domestic violence report even if you do not want charges or hope to calm the situation at home.
Colorado law focuses on what an officer finds at the scene. Your wishes can matter later, but they may not stop an arrest when an officer sees enough facts to believe a domestic violence crime occurred.
When may a domestic violence arrest happen?
Under Colorado law, police may need to arrest someone right away if the case suggests that the person committed a crime connected to domestic violence. Probable cause generally means the officer sees case facts that reasonably suggest a crime occurred.
Domestic violence is not a standalone charge in Colorado. Instead, it acts as a sentence enhancer attached to an underlying crime, such as assault or criminal mischief. It can involve an act or threat of violence against a current or former intimate partner or conduct intended to punish, control, intimidate or harm that person.
Police may consider several details before making a decision, including:
- Statements from you, the other person or witnesses
- Evidence of injuries, property damage, messages or recordings
- Details about events before the call and any reported threats
- Records of prior domestic violence complaints involving either person
An officer does not need to make an arrest if the officer finds no probable cause. Also, the law does not require officers to arrest both people simply because each person says the other caused harm.
How do officers assess both accounts?
Arguments can become confusing, especially when both people report injuries or claim self-defense. In these cases, the officer typically considers each person’s report instead of arresting every person involved. When reviewing dual claims, Colorado law directs officers to evaluate key factors:
- Records of prior domestic violence complaints
- The relative severity of any injuries
- The likelihood of future harm to either person
- The possibility that someone acted in self-defense
Officers weigh these details to determine whether one person’s actions were primarily defensive or whether one person caused the main harm during the event.
What may happen after arrest?
An arrest does not establish guilt. Still, you may face booking, a bond hearing and court dates. In addition, Colorado law automatically imposes a mandatory protection order upon your arrest and initial court appearance. This order restricts contact with the other person and limits firearm possession while the case remains open.
Prosecutors, not the reporting person, generally decide whether to continue a criminal case. As a result, asking to withdraw a complaint may not automatically end the case.
Protect your next steps
A domestic violence arrest can affect your home, work and family relationships. You may want to read every court order carefully and consider speaking with a Colorado criminal defense lawyer about the facts of your situation.