What happens if my partner accuses me of domestic violence?
Each year, many people make false accusations of violence or abuse against their partners. Some do it to gain control or prevent someone from leaving them. Others to gain an advantage in child custody matters or to cover up their own actions.
If your partner files a complaint to the police, you need to seek urgent legal help. Because many domestic violence accusations are a matter of urgency, the law authorities treat all of them as if they are.
A domestic violence accusation leads to a mandatory arrest and restraining order
Colorado state law errs heavily on the side of caution to the detriment of anyone falsely accused. Therefore, before you know it, you will find yourself arrested, put in jail and with a restraining order that bars you from going near the home you share with your partner. Innocent until proven guilty does not apply here.
Your accuser might not have realized all that would happen, yet they cannot just call off the investigation. In the past, genuine victims retracted statements when fear of their abuser took over. Then, when the police dropped the charges, they went home only to suffer severe violence at the hands of their vengeful abuser. So, in Colorado, your case will need to go before a judge, regardless of any retraction by your accuser.
All this can take time. Time in which you cannot work, see your children, or contact specific people. An attorney cannot help you walk straight back into your house the same day a false allegation of domestic violence happens, but they can speed up the process and help you regain your freedom and rights as soon as possible.