More than 10% of all cases filed in the county, district, and juvenile courts in Colorado are for domestic violence. With so many cases, the state of Colorado has strict laws for those who commit domestic violence. These cases are challenging for prosecutors because of the nature of the “he said, she said” accusations. Officers often have a hard time determining which party was the “primary aggressor.” These mistakes means that an innocent person is arrested.
Part of the problem is that Colorado law requires mandatory action by police officers when they answer calls of familial abuse or assault. Offices must take steps to determine which of the parties involved in the dispute is responsible for the abuse, and then arrest them as quickly as possible. This procedure calls for split-second judgment and as a result mistakes are common.
If you or someone you love has been accused of domestic violence, we urge you to get in contact with an experienced and skilled Colorado domestic violence attorney.
Domestic Violence Defense in Denver | Family Abuse Attorney
If you were arrested for domestic violence, then contact an experienced criminal defense attorney at Law Office of Matthew A. Martin, P.C.. Attorney Matthew Martin understands why these cases are complicated and can use his 28 years of experience to assist you.
Matthew Martin represents clients on charges for domestic violence throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County. Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
During the initial consultation, you can discuss your case with defense attorney Matthew Martin, learn more about the possible criminal charges, elements of the offense, and the best defenses to fight the charges. Call (303) 725-0017 to set up your first consultation today.
- Definition of Domestic Violence in Colorado
- Different Types of Domestic Violence in Colorado
- How to Get a Protection Order Dropped in Colorado
- Additional Resources
Definition of Domestic Violence in Colorado
CRS 18-6-800.3 defines the term “domestic violence” to mean any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. The definition also includes any other crime that is used as a method of intimidation, punishment, control, coercion, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
In Colorado, an “intimate relationship” is any relationship between spouses, former spouses, past or present unmarried couples, or persons who are shared parents of the same child. The penalties for domestic violence including jail time or probation to complete domestic violence counseling (often called “batterers’ intervention).
Different Types of Domestic Violence in Colorado
Domestic violence is not treated as an independent crime but is instead used as a sentencing enhancement. Offenses involving violence towards past or present intimate partners will face an increased punishment by the state. There are various crimes that are susceptible to a sentencing enhancement if the court finds the past or present intimate partner of the defendant was harmed. These include the following:
- Domestic Assault – Unlawfully causing injury to your past or present intimate partner is a serious crime that can result in a misdemeanor or felony depending on the facts.
- Stalking – To be charged with stalking, the defendant must be a credible threat and repeatedly act in ways that would make a reasonable person afraid or suffer from distress. Stalking is a domestic violence offense if a dating partner past or present is the target of the defendant’s actions.
- Harassment – Intentionally bothering, alarming, or annoying someone in a repeated act is harassment. Harassing past or present dating partners or spouses can yield harassment charges.
- Unwanted Sexual Contact – Touching a past or present dating partner/spouse in a sexual manner without their consent can result in unwanted sexual contact charges.
- Child Abuse – Harming a child, especially if they are under 16, or putting them in harm’s way is considered child abuse. If the court discovers you abused your own child, you will likely face enhanced charges.
- Menacing – Using threats or actions knowingly to place a person in fear of serious imminent bodily injury is menacing. Acts of menacing towards past or present intimate partners will result in an enhanced sentence.
How to Get a Protection Order Dropped in Colorado
If you are seeking a lawyer because you have been arrested on charges of familial abuse or assault, then you will already have been served with a Mandatory Protection Order, which is required under Colorado Statutes.
Following your arrest, the court might impose pre-trial release conditions that require you to:
- Get out of the victim’s house, even if it is yours
- Stay away from the house and anywhere the victim might be
- Not contact the victim; harass, retaliate or intimidate the victim
- Not possess a gun
- Not drink alcohol
The best way to be rid of a protection order is to hire an experienced domestic violence attorney as soon as possible. It is the job of a domestic violence attorney to present what happened in context, so the jury understands the defense’s version of events. Some domestic violence situations involve self-defense from the alleged “aggressor”. Other allegations are contrived and made in order to influence the outcome of a divorce or custody battle. While some plaintiffs file charges or a petition for a protection order simply because an argument got out of hand.
However, these details don’t always matter to police. The job of your attorney is to make those facts stand out, so they do matter. A domestic violence defense attorney in Denver can put the facts of your case into context, and then challenge those facts whenever appropriate and possible.
During a protective order hearing, the police, prosecutors, judges, and juries generally look at a case from the perspective of a victim, which is simply not always fair. Having an attorney on your side can give you the advantage and the zealous advocacy you’ll need to prove you weren’t guilty of a domestic violence offense. They can help you contest against the protective order you’re under by supplying credible evidence proving you’re not a danger to the plaintiff.
Colorado’s Domestic Violence Program – The mission of the Domestic Violence Program (DVP) is to prevent domestic violence and provide community-based domestic violence advocacy programs. DVP provides resources for the alleged victims of domestic violence. sexual assault, stalking, or harassment. Domestic violence crimes also involve violation of a protection order based on prohibiting conduct, locating, firearms, or ammunition.
Denver DA Family Violence Unit (“FVU”) – Visit the website of the District Attorney’s Office of Denver, Colorado, to learn more about the Family Violence Unit (“FVU”). The FVU is a specialized unit that prosecutes all felonies involving domestic violence, including physical assaults, sexual assaults, stalking cases, and offenses relating to a violation of orders of protection. Prosecutors, advocates, and investigators in the FVU receive special training to deal with the victims of intimate partner violence or child abuse.
Domestic Abuse Attorney in Denver, CO
According to Colorado Statutes, domestic violence means an act or the threat of an act of abuse or harm upon someone with whom you are involved in an intimate relationship. Cruelty against an animal or destruction of property in an effort to control, punish, get revenge upon or intimidate another person also falls under the domestic category of crimes. If you’ve been accused of domestic violence, call Law Office of Matthew A. Martin, P.C. for legal counsel.
With over 28 years of experience, attorney Martin has faced every obstacle you can imagine in a domestic violence case. He can utilize his practice for you and develop a strong defense plan so you face minimal penalties. Call (303) 725-0017 today to set up your first consultation. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver metropolitan area and surrounding counties including Douglas County, Broomfield County, Jefferson County, and Boulder County.