Colorado Domestic Violence Attorney

Experienced Colorado Criminal Defense Lawyer Handling Domestic Violence Cases Statewide

Colorado is a mandatory arrest state, and anyone facing these allegations should speak with an experienced Colorado domestic violence attorney as soon as possible.

If police respond to a call for a dispute and determine that a crime occurred between two people who are currently romantically involved or were once romantically involved, they must arrest the person or people they believe committed the crime based on probable cause under Colorado’s domestic violence laws. It is the romantic involvement, no matter how short the relationship, that determines whether domestic violence occurred. This means that even a property crime like minor criminal mischief is considered a domestic violence crime. Before being bonded out, the arrested person must see a judge. This means that if you are arrested on a Friday, it is likely that you will not see a judge until at least Monday.

You need an experienced Colorado domestic violence attorney immediately after you have been arrested in the Colorado legal system. I am attorney J.B. Katz, and I have represented people accused of domestic violence and other serious crimes with legal experience for over 20 years. I will help you assert your rights and protect you from the serious consequences that may result from a conviction and serious charges.

Domestic Violence Enhancement

In Colorado, domestic violence can be charged alongside any criminal charges as an underlying charge, referred to as the domestic violence enhancement. An experienced Colorado domestic violence attorney can evaluate how this enhancement may affect the penalties in your case. This includes crimes committed against pets and includes acts taken that damage someone’s property. If the alleged victim has an intimate relationship with the person charged, a domestic violence enhancement can be added in domestic violence allegations.

It’s important to note that domestic violence does not have to be physical or sexual in nature; domestic violence charges can include blackmail or cyber-stalking in unique circumstances.

What is an Intimate Relationship?

Colorado defines that in order to be charged with domestic violence, a person must have an intimate relationship with the alleged victim. An experienced Colorado domestic violence attorney can help determine whether the relationship in your case meets the legal definition.

In Colorado, there are very specific definitions of what an intimate relationship consists of. Some examples include a spouse or ex-spouse, a girlfriend/boyfriend or ex-girlfriend/ex-boyfriend, and a co-parent, including adoptive parents.

Even though roommates live together, that relationship is not considered an intimate relationship under Colorado law. It’s also not a requirement that the two individuals live under the same roof. If two people are involved in a sexual relationship, this will be considered an intimate partner relationship, though sexual involvement is not required.

Some of the most common domestic violence charges include stalking, assault, child abuse, harassment, sexual assault, and violating a restraining order.

Mandatory Arrest And Protective Orders

In addition to the mandatory arrest for domestic violence, Colorado requires a mandatory protection order (restraining order) be filed and effective immediately. A knowledgeable Colorado domestic violence attorney can help you understand these restrictions and seek modifications when approp

riate. This causes the individual accused of domestic violence to be excluded from the family home, regardless of who owns the property, and does not allow any contact with the domestic violence victims. Unlike some states that only enter a 72-hour order, these protective orders remain in place until the end of the case unless the judge modifies the order earlier.

A violation of this order is a violation of your bond and could result in a mandatory jail sentence of at least six months through criminal prosecution. This includes telephone contact, even if the other party initiates the call. It also includes any contact made on your behalf by a friend or family member.

The only person who can contact the alleged victim or their family before the court modifies the order is your criminal defense lawyer. The court will provide a hearing to modify these conditions relatively quickly, but it is imperative that you abide by the restrictions until the court modifies them. I can file a motion to modify the restrictions quickly, usually within 24 hours from when you hire me.

Aggressive Defense And Representation Essential

Once you have retained me as your Colorado domestic violence attorney, I will provide immediate representation within the criminal justice system. First, I will file a motion to modify the protection order at a bond modification hearing. Do not contact the alleged victim or his or her family yourself or have anyone other than your lawyer contact them on your behalf. Either I or the district attorney’s office will notify him or her of the hearing date and time. The alleged victim must be notified of the hearing and any attempts to modify the conditions of the restraining order. Additionally, the alleged victim must complete a safety plan that is required prior to any bond modifications.

Of course, you will probably need to get clothes and essential items that you need to live your life until the court modifies the bond conditions. You can obtain these items by contacting the local sheriff’s department for a civil stand-by that will allow you to go to your home with an officer, one time only, to get these things. At a minimum, there could be as much as 10 to 14 days of no contact of any kind between you and the alleged victim. This could mean no contact with your children, too, in child custody situations. And if the alleged victim objects to any changes in the order, you may not be able to get back into your home at all. I can work on your behalf to develop a modified protective order that is acceptable to both you and the alleged victim.

Common Legal Defenses

If you’re facing domestic violence charges, it should be taken very seriously, and working with a skilled Colorado domestic violence attorney can make a significant difference in the outcome of your case.. Two of the most common legal defenses your domestic violence lawyers can present to help you be successful in your defense include the following:

Self-Defense: If you and your lawyer can show that you were acting in self-defense, this is a valid legal strategy that could result in the charges being dismissed or you being found not guilty of the charges. Self-defense can be difficult to show, and it is considered an affirmative defense. This means the defense has to present some credible evidence to the court supporting the claim of self-defense before they’re allowed to argue it in court. Credible evidence includes many things, including testimony from the defendant, even if the testimony they provide is unlikely to be true.

False Accusations: Another valid legal defense is to argue that the alleged victim falsely accused the defendant during a domestic violence incident. This can be done by providing evidence in order to shed doubt on the alleged victim’s story. This defense might include presenting video evidence, an alibi, or other witness testimony in criminal cases and establishing reasonable doubt.

Some Domestic Violence Convictions can be Sealed

When a person is convicted of domestic violence, it can have a significant impact on their life, including gun rights in alleged violent crimes. When landlords or employers run a background check, this negative information will show up. Domestic violence is not taken lightly, so this could prevent someone from living where they want to live or prevent them from getting the job they want. If an individual is able to get their conviction sealed, this can make a huge difference in criminal defense cases.

In Colorado, the only types of domestic violence convictions that can be sealed are those that took place in municipal court. The information can be sealed 3 years after the conviction if there have not been any new arrests or any new charges. Other domestic violence convictions will remain on one’s record forever.

Any domestic violence charge that is dismissed can be sealed immediately.

Why It’s Important to Have an Experienced Colorado Domestic Violence Lawyer on Your Side

If you have been arrested on domestic violence charges in Colorado, there are several important reasons to immediately put an experienced domestic violence defense lawyer on your side. These reasons include (but are not limited to):

Building a Defense Starts with Understanding What Constitutes Domestic Violence

Domestic violence accusations can take many different forms, and there are many types of domestic violence-related charges under Colorado law. As a result, building an effective defense strategy starts with understanding what constitutes domestic violence. A skilled attorney who regularly represents clients in domestic violence cases will be able to help you understand your case and build a defense strategy designed to help you avoid unnecessary consequences based on the specific circumstances at hand.

You Need to Be Very Careful After a Domestic Violence Arrest

All types of domestic violence charges carry serious repercussions, including substantial fines and lengthy jail (or prison) sentences. While the consequences of facing felony charges are particularly severe, even misdemeanor convictions can be life-changing. As a result, you need to be very careful after your arrest. A knowledgeable defense attorney will be able to help you avoid costly mistakes while preparing for the court proceedings that are to come.

Colorado’s Criminal Justice System is Complicated

Another reason why it’s important to hire an experienced Colorado criminal defense attorney is that Colorado’s criminal justice system is incredibly complicated. Many domestic violence cases result in convictions simply because defendants don’t know how to protect themselves. When police officers and prosecutors are focused on securing a guilty verdict in court, you need an experienced domestic violence attorney who knows what it takes to protect you.

You Need to Assert the Right Defenses Under Colorado Law

While there are several potential defenses to domestic violence offenses under Colorado law, you need to assert the right defenses to avoid unnecessary consequences. A Denver criminal defense attorney who has experience handling these high-stakes cases will be able to help you select the defenses that are most likely to produce a favorable result under the specific circumstances of your case.

A Conviction for Child Abuse or Any Other Form of Domestic Violence Will Be Life-Altering

With fines, jail (or prison) time, and other serious consequences on the table, you need to protect yourself by all means available. Practically speaking, this means that you need an experienced Colorado domestic violence lawyer on your side. While you have the right to try to defend yourself, the odds are that this will end up being a very costly mistake.

We Handle Breckenridge, Colorado Springs, and Denver Domestic Violence Cases (Among Others)

With offices in Breckenridge, we handle domestic violence cases in the Denver area, the Colorado Springs area, and statewide. If you have been accused of domestic violence anywhere in Colorado, we strongly encourage you to contact us for a free and confidential consultation today.

Schedule a Free Initial Consultation with a Colorado Domestic Violence Attorney

Providing only criminal defense services as a law firm and experienced criminal defense attorney, I am dedicated to protecting those charged with domestic violence in the Colorado mountains area, including Colorado Springs. I am ready to assist clients who are not from the area with a “plea by mail,” so they may not have to return to the area for court for jury trials. Please call my law office at (970) 453-5533 or contact my office today for a free consultation to discuss your legal options, whether the charges against you include domestic abuse, sexual abuse, family violence, physical violence, or even physical abuse.