• Speak with An Experienced Defense Attorney Today
  • This field is for validation purposes and should be left unchanged.

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.

Featured Blogs
  • Answers to 6 Common DUI Questions
  • Assault or Self-Defense?
  • happy hour to sober
  • breathalizer thumbnail
  • 4/20 safety
  • domestic violence cases
Certifications
Testimonials

Wolf Fought Hard and I Owe Him for All He Did

I am writing this letter to show how much I appreciate Mr. Jeff Wolf for representing me in my DUI case. When I first visited Mr. Wolf I had all these questions of what is going to happen in the case and to myself. I did have a prior DUI in another state so this was new to me.

I received my DUI in April and finished my court in September. During this time Mr. Wolf had an open door policy if you wanted to visit or maybe answer any questions that I may have had. His personal attention to my case made me feel at ease at all my court appearances.

Mr. Wolf guided me through all the steps that were taking place around my case and all his advice paid off when the day came for my sentencing. Actually, the judge was impressed with all the steps I was doing to remedy my terrible mistake. Mr. Wolf fought hard for me and I owe him for all that he did for my family and myself. I can honestly say that I have found a gentleman that I would recommend to another or help my family with any issues.

— Brian G.

Great Lawyer

I am very pleased with the outcome of my court case. Colleen Kelley kept me informed on the various process and was successful in removing my name from sex offender registry. I highly recommend Colleen Kelley if you need a lawyer.

— - Anonymous

Outstanding Law Firm

Wolf Law was very helpful in fulfilling my personal needs. Colleen Kelley knew how to approach my case and made me feel better about my results in the bargain. I would recommend her to anyone with criminal trouble; she is an amazing lawyer.

— Levi

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.

Jeff Wolf was Well Worth the Investment

When you get charged with a crime it is tough to deal with, mostly because you are embarrassed and disappointed with yourself for what you have done. I was charged with theft and was very worried about what type of impact that would have on my business professional career when applying for jobs. I contacted a few lawyers but knew that Jeff was the right direction to take. He made me feel more at ease knowing that people make mistakes and that this would not effect my whole life. He was very helpful and quick to respond to any questions or concerns that I had.

During my time with Jeff he made me feel very comfortable and I knew going into everything what to expect, what to say, and how to present myself. Whether you hire a lawyer or not is your own decision. But to me what Jeff was able to provide was well worth it. I literally told him my story, how I felt and what type of outcome I was looking for on the first day. Besides showing up with him to court he did everything else and took care of everything. We were sentenced to the verdict that we were looking for and now I can move forward and put this case behind me. Thanks for all your help Jeff it was much appreciated.

— Nick

Amazing Lawyer

If you’re looking for an amazing lawyer I would highly recommend Jeff Wolf and Wolf Law in general Jeff helped me every step of the way, kept me well informed about what was going on with my case, and was very responsive to every question I had and is genuinely a good dude. I appreciated all of his help and the way he handled my case. I would highly recommend him to anyone who needs a good lawyer cause he’s definitely the way to go thank you again Jeff!

— Jordan B

Fully and Enthusiastically Recommended

When I was arrested for DUI/careless driving, I was overcome with a profound sense of hopelessness – I couldn’t eat, I couldn’t sleep, and I thought my life (including my career) was ruined. Making the decision to call Mr. Wolf for a consultation was the best decision I could have made. His immediate response set my mind at ease and gave me a the peace of mind that I so desperately needed.

Upon meeting him in person, I was thoroughly impressed by his experience and expertise, but what really struck me was his personable demeanor and genuine interest in helping me. He was very patient in explaining the legal process and made sure I was well prepared for every step of the way.

There is no doubt that his representation and advocacy, as well as the advice he had given me in order to prepare for court, resulted in an outcome that was more positive than I had dared hoped for (a DWAI with license intact and a reduced probation sentence), allowing me to move forward with my life. Mr. Wolf far exceeded my expectations, and I would absolutely recommend him to anyone seeking legal counsel.

— Anonymous

Services with Jeff

Jeff accepted a traffic violation case with not a ton of time to prepare. He provided clear instructions on how to proceed with the initial hearing in order for this individual to receive an extension and time to gain attorney representation. From there, he continued take the extra steps necessary to not only communicate effectively and clearly but also provide a level of advocacy that was necessary for this vulnerable individual! Thanks Jeff — Your work, patience and understanding is greatly appreciated!

— Nicole Young

Much Appreciation!

After a misread medical record, I was wrongly accused of a serious crime. Even though doctors admitted that the nurse misstated the severity of an injury, law enforcement tried to destroy my life. Law enforcement threatened to take away my wife, my kids and my life. I called around to a couple of attorneys, and no one offered the type of first-class customer service that Jeff provided. He was immediately available. Throughout the process, Jeff was there to guide and protect me. He was always available. And, after a long journey together, we found justice and freedom. During the process, I found Jeff to be intelligent, determined and highly personable. I strongly recommend Jeff!

— Anonymous

I Was Very Well Represented by Jeff

Regarding a DV assault charge, Jeff was able to have the judge do something he stated he’d never done in any similar case: he deferred my sentence, reduced probation, reduced the amount of classes I would have to take from being many weeks on end to 2 days, and instead of requiring a no-contact order (which would have left me homeless and unable to speak to my partner via any means), he placed me on a no-contact order with alcohol… That alone was the best thing I could hear.

Without going into details of my case, this was the best possible outcome I could have been given, and I’m so happy that I was recommended to him by a fellow law professional that went to school with Jeff. I will be using him again when the time comes to put this case behind me for good, and would recommend him to anyone who needs expert defense, and wants someone to explain your case in simple, yet professional terms. I felt very well taken care of. Thank you again, Jeff!

— Laurie A.