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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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Testimonials

Thorough Representation

I had the pleasure of working with Cassandra regarding an expungement matter of a juvenile case. She was very concise in her explanations of the process and kept me up to date on the evolving progress of the case. Upon completion of the expungement, I was glad to see that Cassandra had gone the extra mile to make sure that the intricacies of my case were properly addressed. Although I hope to never personally require these services again, I would gladly recommend Cassandra and Wolf Law to anyone in need of representation.

— Jared

Incredible Defense with the Perfect Outcome

When I was arrested at a concert hall for trespassing and placed in a detox center it didn’t feel right. I had confronted the police in order to find out why they where arresting somebody I knew and within seconds of my questioning I was in cuffs and associated with a crime that I seemingly had nothing to do with.

When I was released from detox I thought it was over but then I understood that I had to appear in court and my previously clean record was facing the documentation of a criminal charge. I wanted to try to keep my record clean and with some help I hired Wolf Law.

Given the relative simplicity of my case I only had to meet at the office of Jeffrey Wolf a handful of times. From the first visit I could tell that Jeffery was very professional and very serious. As more of my case was revealed and in consecutive meetings I could tell that Jeffery was building a strong defense.

While he couldn’t promise me any certain outcome his resolve to defend me as strongly as he possibly could was obvious. On my first court date, before much of the details of my case where known, I was accompanied by Jeffrey Wolf’s associate lawyer Colleen Kelley. Colleen defended me with a skillful amount of experience and made it possible for Wolf Law and me to buy more time and obtain the legal information required to build a defense.

On my second court date, after having met several times, I was accompanied by Jeffrey. Jeffrey told me to wait outside the courtroom and I complied. After roughly 20 minutes he reappeared to me with a welcoming smile and gave me the good news that he had gotten my cased dropped.

I’m not quite sure what he did in those 20 minutes but I can say with satisfaction that it was an amazing job. I felt, with fingers crossed, that it was a possibility that my case would be dropped but when it actually happened I almost couldn’t believe it. I’m very thankful for the work and service that was provided by Wolf Law. For them I have the utmost respect and my recommendation to anyone needing legal service goes to them with 100% certainty in their ability to promise and do their best.

— Christopher P.

Case commitment

Thank you! Cassandra helped me through every step of the way. She was extremely flexible and answered anything i could ask. She was the biggest and nicest help I could ask for, on top of being resourceful she got my case done earlier than the state said. I would highly recommend Cassandra to any one she was amazing.

— Kyler A Witt

Complete Professionals

This law firm is the true example of professionalism. They are very responsive, very up front and extremely respectful. Colleen is an amazing attorney who truly enjoys what she does. I would recommend Colleen to anyone. She is honest, hard working, no BS, and gets the job done. She knows what to say and when to say it. She definitely went above and beyond for me. I would 100 percent use her again without a doubt.

— Zach

Would Highly Recommend

Jeff provided excellent legal advice and guided my situation to a very desirable outcome. He was in frequent contact via phone and email throughout the process, answered all of the questions that I had, and gave me the ability to confidently choose the best outcome for my circumstances. Legal issues are scary, complicated, and stressful but Jeff reduces all those negatives and makes you feel like someone has your back. Would highly recommend his services if you ever find yourself in need of criminal defense.

— Max I.

Deferred Sentence, Sealed Record For Pot Possession

In July of 2009 I was charged with possession of marijuana. I contacted Jeff with Wolf Law and worked with him to find my best options. Jeff was very knowledgeable, honest and professional. He worked quickly and effectively to get me a deferred sentence and ultimately seal the record of this infraction. I also had a prior charge that was many years old that was also a deferred sentence. Jeff worked to seal that record in order help maintain my privacy. I now have used this ability to change my field of work and pass a background check with no infractions visible on my record. My life is moving onward and upward due to the help that was provided by Wolf Law. Thank You Jeff!

— John

Grateful for Wolf Law

I had misdemeanor from when I was 19 years old that was keeping me from just renting an apartment because of its classification. I contacted Wolf law to get assistance with seal this 17-year-old case so I could secure an apt without fear of rejection. I was put in touch with Cassandra very promptly. She advised me and told me that I would have to seal the record in order to just have peace of mind as there is no statute of limitations on my situation. She explained the process very thoroughly and answered any questions I had. She was very kind during the whole process which ended up taking some time to get it taken care of. She kept me informed every step of the way. She kept great care to send me documents by mail and email. Cassandra was just fantastic to work with and I am so grateful to have closure from a mistake I was a young adult. If I every need a lawyer again (hopefully not of course) I would definitely contact Wolf law again for help. Thank you so much for helping me!

— Sasha

A Great Lawyer

Colleen was a great lawyer and made everything easily understandable.

— Juan

Kind, Knowledgeable, and No-Nonsense Attorney

I hired Mr. Wolf to represent me in my efforts to obtain a permanent civil protection order against the person who committed a crime against me. This person is currently incarcerated for the crime but is being considered for parole. Due to Mr. Wolf’s criminal law background, and his outstanding attorney ratings, I believed him to be the best legal professional to successfully represent my safety and security concerns in court. I was not wrong!!

Mr. Wolf expertly and succinctly prepared the protection order paperwork on my behalf, prepared me for my court appearance in a direct and as complete a manner as possible, and successfully represented me in court. He also expressed sincere kindness towards me from the day I hired him to the conclusion of my case. Another attorney without a criminal law background may have been able to have successfully obtained a permanent civil protection order on my behalf; however, I was unwilling to take that chance given the criminal background of my case. I will be forever grateful to Mr. Wolf for his successful representation of me, and for making my safety and security one of his top priorities.

— Teresa M

Professional and Knowledgeable

I cannot be happier with Jeffrey Wolf’s representation in my court case. He was very direct, no time wasted. Very professional, and above all very knowledgeable and qualified as an attorney. I was facing felony charges that were unfounded and Mr. Wolf saw the truth immediately, believed in me despite the allegations and got all charges dismissed. He always kept me informed and current with his progress, and offered very sound advice. I also would consider him a friend as well. I highly recommend Mr. Wolf to anyone needing serious legal counsel.

— Bill F.