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Domestic violence accusations are common in Colorado, and even when they’re made in the heat of the moment with no accompanying threat of violence these allegations can’t be retracted at the scene or in legal proceedings.

Once domestic violence is reported to police in Colorado, the situation is entirely in the hands of law enforcement and the prosecutor.

On this page, the Denver criminal defense lawyers at Wolf Law answer some of the most commonly asked questions about domestic violence charges in Colorado.

Our compassionate attorneys have extensive experience with domestic violence cases, and we understand the emotional nature and severity of domestic violence charges.

If you or a loved one is facing a domestic violence accusation and accompanying criminal charges in Colorado, please call us today at 720-479-8574 or contact us online for a free consultation.

How is domestic violence defined in Colorado?

According to the Colorado revised statute, “domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship…”

Domestic violence includes physical violence, as well as emotional or verbal abuse.

Colorado’s domestic violence definition is extremely broad. Intimate partners, for example, do not have to live together or be married to initiate a domestic violence charge.

A domestic or intimate relationship may apply to spouses, former spouses, domestic partners, children, boyfriends, girlfriends, and roommates.

Domestic violence includes physical violence (e.g., hitting, pushing), emotional and verbal abuse (e.g., yelling, intimidating, sending harassing texts), and sexual violence (e.g., forcing a person to engage in an unwanted sex act).

Domestic violence also includes any other crime against a person or their property (such as a pet) when used to coerce, control, punish, intimidate, or exact revenge against a current or former intimate partner.

Do police have to arrest someone if there is probable cause for domestic violence in Colorado?

Colorado has a mandatory arrest policy that requires law enforcement to make an arrest when they have probable cause to believe that a crime involving domestic violence occurred.

Colorado law enforcement are required to make an arrest when they have probable cause to believe a crime involving domestic violence occurred.

Unfortunately, the challenge of determining probable cause on the spot often forces law enforcement officers to make an arrest even if no crime occurred. In Colorado, police consider five factors to determine if there is probable cause for a domestic violence arrest:

  • Intimidation
  • Coercion
  • Control
  • Punishment
  • Revenge

If law enforcement officers suspect the presence of any of these indicators—to any degree—they must make an arrest.

What should I do if I’ve been arrested for domestic violence?

First, invoke your right to remain silent. Do not admit guilt or submit to police questioning until you have an attorney present.

Second, get skilled legal representation as soon as possible. As noted below, Colorado fast-tracks domestic violence cases, which means time is limited to enter a plea and gather evidence to support your case.

Do not accept any plea deals or make a plea without legal representation. Any plea aside from “not guilty” may result in penalties and a permanent domestic violence charge on your public records.

What if the accuser doesn’t want to press charges?

Once a person has been arrested for domestic violence in Colorado, there is no going back, even if the accuser decides he or she doesn’t want to press charges.

Suspected offenders will be taken to jail and will remain there until a judge sets a bond amount. Domestic violence charges can’t be dismissed unless a prosecutor declares under oath to the court that he or she can’t prove the case beyond a reasonable doubt.

What is a “sentence enhancer” and how does it relate to domestic violence charges?

Domestic violence is often not a standalone charge. It can be added to a number of other misdemeanor and felony charges, including but not limited to:

In legal terms, domestic violence is often what is referred to as a “sentence enhancer” or “aggravator.” The addition of domestic violence to other criminal charges can affect sentencing in the event of a conviction and also trigger other requirements, such as mandatory counseling.

What is a “fast-track” procedure and how does it relate to domestic violence charges in Colorado?

Colorado developed a fast-track procedure for domestic violence cases in order to ensure victims’ safety and aid suspected offenders in getting the help they need as quickly as possible.

This fast-track process requires arresting officers to complete an incident report the same day a domestic violence arrest is made. Defendants in domestic violence cases are obligated to enter a plea at their first court appearance. Without a good criminal defense attorney by your side, the fast-track experience can be confusing and overwhelming.

If convicted in a domestic violence case, what penalties and consequences are possible?

If found guilty of domestic violence, offenders will be subject to the following:

  • Domestic violence counseling and treatment
  • A mandatory protection order limiting contact with the accuser and any witnesses for the duration of the case and, if convicted, any sentence
  • Probation, the terms of which will vary based on the offense, jurisdiction and other sentencing terms

A domestic violence conviction can also affect your parental rights, employment opportunities, and ability to obtain a loan among other aspects of your life.

Additionally, domestic violence convictions trigger federally mandated restrictions related to gun ownership, government employment, military service, and citizenship status.

Domestic violence charges can lead to life-changing penalties. If you’re facing domestic violence charges, it’s advisable to consult with an experienced criminal defense lawyer.

Multiple domestic violence charges lead to more severe penalties. Individuals with three prior criminal convictions involving domestic violence will be labeled a habitual domestic violence offender—a Colorado class 5 felony, which includes one to three years in prison and/or a fine of up to $100,000.

How can a criminal defense lawyer help in domestic violence cases?

If you or a loved one was arrested for domestic violence, it’s in your best interests to contact a criminal defense attorney as soon as possible. Time is of the essence to protect your rights and build a strong defense.

Domestic violence charges have serious consequences, and domestic violence cases move quickly due to Colorado’s fast-track process.

The accomplished domestic abuse attorneys at Wolf Law are dedicated to providing personalized representation and fighting for the best possible outcome for those accused of domestic violence.

If you’re facing domestic violence charges in Colorado, please call Wolf Law at 720-479-8574 for a free, no-obligation consultation. You can also contact us online to tell us your story now.

What can be done about the protection order?

Just like an arrest, a criminal protection order is mandatory in a domestic violence case, per Colorado law. This type of protection order is in effect during your case and may last for the duration of your sentence if you are convicted of domestic violence charges.

You may request that the order be modified at any time while the case is pending or during any sentence. Your request has a better chance of being accepted if you haven’t violated the protection order or been convicted of any other crimes. Completing a domestic violence treatment program may also help a judge look more favorably on your request.  Additionally the alleged victim and DA’s position will also weigh heavily on the judge’s decision.  

The alleged victim of the case can also request to have it modified or removed at any time.

When can I see my kids?

The answer depends on the details of the protection order. Domestic violence protection orders generally prevent the accused abuser from seeing or contacting the alleged victim(s) and witnesses.  Additionally protection orders typically require that you vacate and stay away from the home of the alleged victim, which will often be where your children reside. In many cases, protection orders prohibit the restrained person from seeing their children. 

If your protection order prevents you from seeing your children, you must not violate it. The best thing to do is contact a domestic violence attorney. They may be able to work with the court to have the order modified to allow you to visit your children under certain circumstances.

When can I go home?

Generally, a domestic violence protection order prevents you from returning home. This is done to protect the alleged victim. The protection order prevents you from returning home while your case is pending, and possibly afterward, depending on the outcome.

However, Colorado does make an exception to allow you to return home for a short period of time to collect essential personal items. The procedure is called civil standby or civil assist, and it allows you to collect essentials while being accompanied and monitored by a law enforcement officer.  It is important to note that you may only obtain undisputed property and that the window of time provided by law enforcement is typically 15-30 minutes.

How does a civil standby work?

Civil standby allows a law enforcement officer to accompany a person as they retrieve necessary personal items from their home during a protective situation. In Colorado, civil standby is required when there is an active protection order. 

If you have been arrested for domestic violence, a protection order against you will automatically be created. The order prohibits you from going back to your home after you have been released from jail on bond. The civil standby allowance exists for this situation and allows you to return home to retrieve essential personal items while a law enforcement officer accompanies you. You can request civil standby via your city or county’s law enforcement office.

The law enforcement officer will not mediate between you and your accuser. They will monitor what you take and probably prevent you from taking anything the accuser doesn’t want you to take. Generally, the time limit for a civil standby is 15 to 30 minutes.

If my partner wants this case dismissed, why isn’t it?

Colorado law takes domestic violence charges very seriously. Even if your partner recants or doesn’t want to press charges, the decision to go to trial isn’t left up to them; it’s the DA’s decision.

Additionally, law enforcement officers and prosecutors may be suspicious of a partner who doesn’t want to press charges. They may believe the accuser is experiencing pressure to change their story or that they want the accused person to be able to return home to financially support the family. 

Will the DA really go to trial on a case where my partner does not want to?

The DA is the one who decides whether to take a domestic violence case to trial. Even if your partner doesn’t want to press charges, the DA will continue to prosecute if they believe they have enough evidence for a conviction.

A judge may dismiss domestic violence charges only under certain circumstances. Specifically, if the DA declares under oath that they don’t have sufficient evidence to prove guilt (beyond a reasonable doubt), the judge may dismiss the case.

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A Man of Passionate Action!

Colorado Law had recently passed a law, that would help me in the messy situation I was in. I knew immediately I had to find a lawyer to discuss the situation and the circumstances surrounding the process, and eligibility requirements for my specific case. I have to admit, I was very nervous reaching out to any lawyers who could help me.

So I did my research to the best of my ability, and having questions to ask to confirm I was making the right choice in a lawyer. A friend of mine who had previously worked with Mr. Wolf, had strongly recommended that I contact him. I am very grateful that I had! He was very respectful, and had a obvious passion to help me, asking specific questions surrounding my situation so that we can both deal with the issue at hand. Talking me through the processes and possible outcomes, straight forward. No sugar coating, which is nice because I value honesty.

Throughout the whole process, I was comfortable, and very trusting, as questions were answered accurately and after I tried contacting him with new questions or comments, he would return my call or email within 24 Hours! That showed me that he cared and was on top of his workload.

Nonetheless, the outcome of my case worked really well for me, and was a success. And for that, I want to show my gratitude.

Thank You Mr. Wolf for being on my side! I strongly recommend to anyone looking for a well competent lawyer, to contact Jeffrey Wolf at Wolf Law!

— Erwin H.

Working with Mr. Wolf

I cannot speak high enough of Mr. Jeffrey Wolf! He was very pleasant to work with and explained each step of the journey from start to the final video teleconference with the judge. He negotiated a much lower sentence with the DA from DUI to DWAI. He reiterated several points that were then considered by the judge and taken into account in deciding my sentence. He was always prompt in any communications and worked tirelessly on my case to get a very favorable outcome for me. I would whole-heartedly recommend Mr. Wolf as you can be ensured it felt like I was an individual that truly mattered to him and his practice. From the very first phone call, I had nothing but respect for him and felt I was in good hands, that he then proved! You can’t go wrong with Mr. Jeffrey Wolf!

— - L

Professional and Honest

I was worried about looking for a lawyer because I have never done so before, but Jeff Wolf made it super easy for me and I couldn’t have been more happy with his services. He called me anytime something happened with my case or needed anything from me. He got me out of a 10 day jail sentence which really helped me since I started school this week. Honestly it was nothing but a professional and honest experience.

— Robert A.

Incredible Representation

I cant say enough positive things about my experience with Jeff Wolf. This was my first time needing a lawyer for representation, and Jeff made me feel informed and secure throughout the whole process. I couldn’t have asked for a better person on my side. He was able to navigate me thru a stressful time and it meant the world to me. He was great with DA; calm, but firm and determined to get me the best possible result. Also, the presiding judge clearly thought highly of Jeff Wolf. I would highly recommend Jeff Wolf to anyone looking for legal representation.

— Kierlyn C

A Light in the Darkness

Most people live their lives never dreaming they would ever need the services of a criminal defense attorney. But, sometimes, life takes a hard left turn with no warning and you can find yourself in a very dark and scary place. When that happened to us we didn’t know where to turn. But, our daughter did. An old classmate and friend, Jeffrey Wolf, was the person to call. So we did. We called an attorney but a hero was who showed up. Mr Wolf is a picture of competence with compassion. He alleviated many of our fears and answered every question with confidence. During this most difficult time he made it possible for us to continue to live our lives and actually sleep at night knowing that we were in the best possible hands. Our family will be forever grateful to Mr Wolf as he truly is a Light in the Darkness.

— LaVerna J DeWitt

Best in the business

Working with Mr. Wolf was an absolute privilege. Having never been in trouble with the law before, Jeff was there for me each step of the way from the day before I turned myself in, to the very end of my case, which he was able to help me get dismissed.

A true professional, he was nothing but honest and fair to me. He showed me and my family the utmost respect through a difficult time. At a point when I felt alone, Jeff was there to make sure I would be ok.

He is true to his word, and each step of the way, he and his team will keep you informed on any and all items that need to be addressed.

Because of Mr. Wolf, I can continue with my life and move forward. Thank you, Jeff Wolf, and everyone at the firm. If anyone I know ever needs a defense attorney, I will recommend the best in Colorado. Wolf Law.

— John

The best lawyer you could ever hire !!!

Jeffrey Wolf is the best lawyer you could ever hire. He most definitely went way above and beyond the call of duty for me and my case. I’m sure that some of you have hired other lawyers in the past and it seemed like they drug their heels, and wouldn’t return calls, which made you feel that they didn’t care about you.

As far as I’m concerned that will never happen to you if you hire Jeffrey Wolf. He treated me like I was either his best friend or a member of his family, that’s how I felt dealing with him. I honestly looked forward to his calls. He seems like a super cool/good guy. If I lived in Colorado I would be honored to even hang out sometime, maybe shoot some pool, go bowling, ect just have fun. But the most important thing as far as business goes he got an amazing result for me in the case he represented me for. If yall don’t hire Jeffrey as your attorney then you’re making a HUGE mistake that you will probably regret the rest of your life. Again tyvvvvvvvm Jeffrey Wolf for taking care of me. You are the best.

— Francis White

Professional, Thorough and Successful

Jeff handled my case with expertise and professionalism. He examined my case quickly and accurately then presented me with sound options and advice going forward. Very satisfied with the almost immediate responses to phone calls and emails. Pleased with the outcome Jeff was able to provide in my case.

— Charlie G.

Fantastic Attorney, Thorough and Knowledgeable

When I had charges pending against me, I had a free consultation with many attorneys and ultimately hired Jeff wolf as my formal representation. Most of the attorneys’ capabilities were relatively equal, but what stuck out with Jeff was his ethics and personal investment in my outcome.

From the beginning he tried to get a thorough sense of who I was in society and represent that to the judge for sentencing. In court he pleaded my case and balanced remorse for the action with any positive attributes to gain a favorable outcome. He is well spoken and respected in court.

I liked that his payment model worked through stages that he “earned” along the way. I had a clear understanding of what to expect from him, from the court, and the most likely requirements of my sentence. And when I didn’t understand or had additional questions on one part (and I had many) he took the time to explain and discuss the options and his recommendation with me.

He had a thorough knowledge of the system and its players as well as knowledge on unusual factors related to my specific case, and he made well-thought-out recommendations with reasoning but ultimately let me make the final decision.

The result of my case was quite favorable thanks to Jeff. Great lawyer, highly recommend.

— Pam

A Great Help in a Time of Turbulence

After being convicted of a DUI for marijuana, I quickly searched for an attorney. I chose to contact Wolf Law first because of the certifications and positive reviews that I saw. I am very glad that I made this choice. This was my first time in trouble with the law, so I didn’t quite know how to handle the situation, but with just a few meetings, phone calls, and emails I felt confident towards the resolution of my issues. Jeff explained everything thoroughly and made sure I knew everything I needed to know and more. I personally needed only a few meetings and talks, but I know that Jeff would be glad to meet or talk as much as necessary. He is clearly very passionate about his work and is a well of legal knowledge. I began with several charges and seeing an overwhelmingly bad outcome in my future, but as Jeff and Wolf Law fought for me, the charges faded away until only one remained and even it was reduced. I left with what I view as the best possible outcome for my given situation. Wolf Law not only helped mitigate the consequences of my mistake, but also granted me great comfort and guidance through the whole experience.

— Bryan C.