Colorado follows a tough stance when it comes to domestic violence and its accusation. This state has formulated a policy of mandatory arrest to be applied in instances of domestic violence. This means if the police visit the scene where the domestic violence allegedly occurred, they must arrest the accused.
The policies related to mandatory domestic violence are designed in respect to the 4th amendment (meaning probable cause), but when it comes to practice, issues of probable cause are not found. To put it in perspective, a number of law specialists believe that it simply distills down to one initiator of the action “believe the accuser”. This can carry quite serious consequences if an individual is falsely accused.
Reason and Probable Cause
The reasoning underpinning such laws is to offer instant protection for an alleged victim. In such cases of domestic violence, situations can become uncontrollable quite swiftly and in a number of cases, victims are afraid to report the violence for the fear that it will continue.
In Colorado, the language of law invokes a probable cause:
- The police officer may not have to arrest both the parties when they respond to reports of domestic violence.
- The police officer has no compulsion to arrest a person if no probable cause exists to believe that an offense or crime was committed.
In Denver, Colorado, domestic violence is not considered an actual crime by itself and is considered as an “aggravator” which can work to enhance the sentencing of other crimes (Colorado Revised Statute 18-6-800.3  ).
Why Call an Attorney
If you face domestic violence charges or even a simple arrest due to suspicion of domestic violence, you must contact an experienced attorney. Do remember that Colorado’s arrest policy regarding domestic violence may seriously impact your life. It is very important that you retain the services of an expert lawyer from O’Malley and Sawyer, LLC.