Why Choose Our Firm for Your Domestic Violence Case?
- Our law firm’s collective talents are used to review cases from every angle and develop effective options for your defense.
- We make it a priority to protect client’s privacy, as we understand that domestic violence charges alone can cause irreversible damage to your life
- Our Boulder criminal defense lawyers remain accessible to our clients and promise complete transparency.
What is Domestic Violence?
Domestic violence offenses are not limited to physical hit, pushing, or shoving. Shouting, threats, excessive or abusive texting, telephone calls, social media activity, and end of mutually owned property are all frequently charged as domestic ferocity offenses. In Colorado, domestic ferocity is not a specific criminal crime. It is a classification that can apply to any crime against a person or property when that crime is alleged to have been committed against a person with whom the perpetrator has always been in an familiar relationship and is alleged to have been committed as a method of coercion, control, punishment, bullying or retaliation. The domestic violence classification besides applies to any act or threatened act of violence against a current or former inner partner. The domestic violence label can be applied to petty offenses, misdemeanors, and felonies. even in cases in which no one was hurt and in which the alleged victim does not want the other person to be prosecuted, the domestic violence label triggers a number of dangerous and uncompromising consequences, which begin before the accused person is convicted.
When Do You Need a Boulder Domestic Violence Defense Lawyer?
In any situation in which a person alleges that his or her collaborator or early partner has done anything that could arguably be considered domestic ferocity, most Colorado patrol agencies follow a rigorous policy of arresting the accused person. Colorado ’ s laws require that before being allowed to post chemical bond, a person accused of domestic violence must appear before a evaluator. In most jurisdictions in Colorado, this means that the person ends up spend at least one night in jail. If the halt occurs on a Friday, an accused person will end up in jail for the weekend until court opens on Monday in most jurisdictions. Representation by a prepared and knowledgeable Boulder domestic violence defense attorney at the first court appearance is absolutely necessary to ensure that the shackle is set fairly and that the compulsory protective covering club is addressed at the foremost possible opportunity. In all criminal cases, Colorado courts are required by jurisprudence to issue a mandatary protection order, which lasts in some shape throughout the life of the lawsuit. At least initially, most mandatary protection orders prohibit any imprint of contact with the alleged victim .
Can You Have Contact With the Alleged Victim?
mandatary protection orders initially state that the defendant must not have any contact any with the alleged victim. In many domestic violence cases, this means that the accuse person is forced to immediately move out of his or her home and find a newfangled identify to live, without contact with their partner, who is frequently a spouse, co-parent and fiscal collaborator. alleged violations of auspices orders are prosecuted criminally ; a modern charge for rape of a protection order can significantly reduce the hypothesis of an acceptable consequence in a domestic violence case. Protection order conditions are besides conditions of adhere, and violations of protection orders can trigger fresh charges of trespass of bail bond conditions and can lead to the bond being revoked. mandatary protective covering orders in domestic violence cases can be modified by judges to allow deviate levels of touch. Judges and prosecutors are bound by statutory limitations and by their offices ’ policies ; you need an lawyer who can work on getting the protection rate modified to allow the appropriate degree of reach starting at the very begin of your case .
What if the Alleged Victim Does Not Want You to Be Prosecuted?
Most people assume that if the alleged victim does not want their current or erstwhile partner to be prosecuted, the prosecutor will defer to his or her wishes. This is absolutely not the case. Prosecutors in Colorado take alleged domestic ferocity offenses extremely badly, and do not dismiss cases upon the request of the allege victim ; in fact, by law, they are not allowed to dismiss cases just because they are asked to do then. Depending on the way that they are articulated, requests for dismissal by the alleged victim can sometimes even make a casing bad. Prosecutors are required to maintain contact with alleged victims, to give them notice of important events in the case, and to seek their input at certain adjective points in the character ; but they prosecute domestic violence cases without attentiveness to whether or not the alleged victim wishes to “ weight-lift charges. ” Domestic violence charges do not go off by themselves .
Common Domestic Violence Charges in Colorado
domestic violence is a sentencing enhancement in Colorado, rather than being treated as a separate criminal crime. A sentence enhancement means a evaluator will increase a defendant ’ second sentence or punishment beyond the normal range for a crime against an cozy partner. domestic ferocity is normally an aggravating factor in the follow eight crimes :
- Assault (CRS 18-3-202 – 204)
- Harassment (CRS 18-9-111)
- Sexual contact (CRS 18-3-404)
- Menacing (CRS 18-3-206)
- False imprisonment (CRS 18-3-303)
- Stalking (Vonnie’s Law) (CRS 18-3-602)
- Child abuse (CRS 18-6-401)
- Elder abuse (CRS 18-6.5-103)
however, domestic ferocity can be a sentence foil for any criminal charge or municipal ordinance misdemeanor .
Common Defenses to Domestic Violence Allegations
Some of the most coarse and successful defenses against domestic ferocity admit :
- They are lying. It’s possible that an individual could have fabricated the entire story as revenge or to get even. If this is your defense, your domestic violence defense attorney will seek to establish:
- Whether the victim’s injuries support your version of the story.
- Whether your account is consistent with the police report.
- Whether the victim was at another location at the time of the crime.
- I didn’t do it. Another commonly used defense is that you are innocent. Your Boulder domestic violence defense lawyer will look for evidence to support this claim, such as:
- Your whereabouts and that you were not at the scene of the crime.
- A credible alibi.
- Any evidence to support your story, such as emails, text messages, phone recordings, or videos.
- It was self-defense. Claiming you were trying to defend yourself or your children will require:
- Checking the police report for admission by the alleged victim to having used violence and any inconsistencies in their story.
- Finding out why the victim used violence, for instance, if they were afraid of you.
- Checking whether the victim’s injuries suggest self-defense on your part.
- Checking if you have defensive injuries.
- Comparing your story to what you told the police.
- Looking for inconsistencies, for example, damage in the home that you could have only caused and not the victim.
The success of your defense will depend on the persuasiveness of the evidence you have to support it .
What Happens if You Plead Guilty?
A guilty plea in a domestic ferocity case triggers a drawn-out class of mandate court-ordered “ treatment. ” A conviction for a domestic violence charge or charges, careless of whether anyone is alleged to have been injured, can trigger serious and permanent consequences. These consequences can include :
- Loss of professional licensure or intermediate licensing consequences
- Suspension or expulsion from undergraduate or graduate-level education
- Problems obtaining financing for education or homes
- Difficulty finding housing
- Removal or deportation from the country, depending upon immigration status
- Difficulty visiting or moving to foreign countries
- Problems with parental rights
What Are the Penalties for Domestic Violence in Colorado?
If the motor hotel enhances your conviction after determining domestic violence to be an worsen agent, your imprison or prison prison term can be lengthened. The actual punishment, however, will vary based on the fundamental appoint. Enhanced Jail or Probation Sentence
If you have three prior domestic violence misdemeanors on your record, your crime can be enhanced to a class 5 felony. A class 5 felony carries a penalty of one to three years in Colorado ’ second state prison with mandatary biennial parole and/or a finely between $ 1,000 to $ 100,000. If the court does not club jail or prison time, you will be on probation. probation, besides called community supervision, requires you to follow stern conditions. Those conditions include submitting to random drug tests and visits to your probation military officer. Your probation menstruation may be extended if the judge determines your crime to be domestic violence. Domestic Violence Treatment Program
The woo will require engagement in a domestic ferocity treatment broadcast if you are convicted of domestic violence. Before your sentence, you will be asked to attend a domestic violence evaluation to decide how much treatment is required if you are convicted. The treatment can consist of group therapy, rede, and others. At the minimal, you will be required to complete 36 hours of domestic violence treatment, and you are creditworthy for the cost. Depending on the circumstances of your subject, the court may request you accomplished extra programs such as wrath management or substance abuse discussion. Stripped of Gun Rights
A domestic violence restraining order or conviction prohibits you from possessing a firearm ( CRS 18-6-800.3 ). however, a felony or violent misdemeanor conviction results in a permanent loss of artillery rights. Within 24 hours of your release from bond or captivity, you will be required to relinquish your firearms. If you fail to notify the woo within three days that you ’ ve forfeited your weapons, you will be charged with a class 2 misdemeanor which carries a punishment of up to 6 months in imprison and a fine of up to $ 1,000 .
Can a Domestic Violence Conviction be Sealed or Expunged?
Records can be sealed immediately if your domestic violence-related encase is dismissed. Regarding convictions, only municipal court domestic violence convictions are sealable in Colorado equally long as you do not have any modern claims against you. Sealing means your criminal record is invisible to all except jurisprudence enforcement and prosecution entities. Convictions in a non-municipal woo can not be sealed or expunged and remain on your record permanently .
Domestic Violence Statistics in Colorado
domestic ferocity is a terrific reality for thousands of individuals in Colorado, as is apparent in the come statistics provided by the National Coalition Against Domestic Violence ( NCADV ).
- At some point in their lives, close to 37 percent of women and over 30 percent of men in Colorado experience intimate partner physical violence, intimate partner sexual violence, and/or intimate partner stalking.
- In 2018, 32 Coloradans were killed by former or current intimate partners, and almost two-thirds of those were with the use of firearms.
- Intimate partners committed 15 percent of homicides in Colorado in 2019.
- Over 230,000 women in Colorado are stalked in their lifetimes.
- By the end of 2019, Colorado had submitted 419 domestic violence misdemeanor and 330 active protective order records to the National Instant Criminal Background Check System (NICS) Index.
- In March 2020, The National Domestic Violence Hotline experienced a 9 percent increase in their total contacts received, and over 6,000 contacts cited COVID-19 as an amplifying problem
You can besides view extra domestic violence statistics here .
Why You Need a Boulder Domestic Violence Defense Lawyer
If you are charged with a domestic violence offense, you need a highly experience criminal defense lawyer in Boulder to advocate for you. This is true if you are being falsely accused, and it is equally true if you have made a mistake and need an advocate to make sure that you are being treated fairly, and that your sheath has the minimum possible shock on your life, kin, and support. Don ’ t wait to get the legal avail you need. Call our position today to arrange for a free 10-minute consultation with a domestic ferocity defensive structure lawyer in Boulder .