To say the Colorado domestic violence laws are strict is an understatement. If you or someone you know may be affected, now is the time to educate yourself so that your quality of life – present or future- is not impacted in a negative way.
Though many people have different ideas about domestic violence, it is not a crime by itself. However, when combined with another crime like assault or Stalking, a person may be charged with a misdemeanor or felony. When an incident occurs and law enforcement gets involved, they can make an arrest under mandatory arrest laws. This means the accused may be arrested on the spot. Once they are booked, they cannot be given bond until the victim has been informed of the bond hearing and is heard by the judge.
- More about domestic violence laws:
- Sealing domestic violence records in Denver
- Domestic violence and gun rights
- Mandatory arrest laws for domestic violence
- False Accusations
Often there are cases where the accuser may make false accusations against the accuser. This is common during a divorce, separation, or child custody process. When the accuser is arrested and charged, the accuser cannot drop charges because they were angry or had a sudden change of heart. Only the District Attorney has this authority and often they will persecute the defendant regardless of false accusations made by the victim.
Presence of a minor
If there is a domestic violence incident that takes place in the presence of a minor, this may be considered a form of child abuse. Usually when there is a physical evidence of assault or someone is accused of attacking someone in front of a child, the arresting officer may take appropriate action by issuing a temporary restraining order (TRO) or other action. This can also affect future visitation rights.
Why Taking the Fast Track May Not Help
Often the courts persuade innocent people to forfeit their right to speak with an attorney and take the plea deal. This means pleading guilty and going on probation for a year or more. Depending on the case, the judge may order the accused take a domestic violence class. These are at least 36 hours and run into hundreds of dollars.