In recent years, the public perception of domestic violence has changed. Due to changes in technology and the way people discuss important issues, the public is more aware of how common domestic violence is and how much impact it has on families. People in all walks of life have been accused of domestic violence and, in some cases, convicted of charges. As the issue has become more public, more people are willing to speak out about it or file charges when they are abused.
Increased public perception means that more people who commit domestic violence are being brought to justice. Unfortunately, it also means that more people are getting accused of domestic violence even when they have done nothing wrong. This doesn’t necessarily mean that people are filing false charges. Inaccurate charges could occur because of a misunderstanding or due to an unfounded fear.
Regardless of why it happens, if you are inappropriately charged with domestic violence, the consequences could be devastating. Understanding your rights and your options after being charged can protect you from unfair consequences.
Colorado Domestic Violence Laws
In 2015, Kristen Lockett was killed by her husband, Richard Lockett. Richard had several instances of domestic abuse on his record when he committed the crime, making him a Colorado Habitual Offender. Unfortunately, this designation didn’t stop him from killing his wife. In response, the Colorado legislature took a closer look at the laws and whether they were providing enough protection for potential victims of domestic violence.
Currently, domestic violence laws in Colorado define the crime as an act of violence or a threat of violence against another person who is or was in an intimate relationship with the actor. Notably, according to this definition, domestic violence laws in Colorado do not protect people who have non-intimate familial relationships. Thus, if you were accused of assaulting your brother or your mother, that would not fall under domestic violence laws. Intimate relationships exclusively include:
- Spouses
- Ex-spouses
- Girlfriend or ex-girlfriends
- Boyfriends or ex-boyfriends
- The other parent of a child (including adopted children), even if the parties were never in a romantic relationship together.
These rules also do not protect people who live together if they do not have a sexual or intimate relationship.
Types of Domestic Violence
When most people think of domestic violence, they probably imagine the classic example of a spouse with an unexplained black eye. While physical assault is one of the more common types of domestic violence, it isn’t the only way that one person can commit violence against another. Many forms of domestic violence don’t even involve physical actions. That doesn’t mean the law ignores those actions. They are often prosecuted equally as vigorously as physical violence. Some common types of domestic violence are:
- Assault
- Menacing
- Sex assault
- False imprisonment
- Harassment
- Stalking
- Elder abuse
- Rape or sexual assault.
Each of these actions is a crime. That is a key feature of domestic violence. Domestic violence is an enhancement of another crime. Thus, you can be arrested if you punch someone in the face in a bar. If you do the same thing to your husband, you will be arrested for the same charge, but the domestic violence enhancement will increase the potential penalties if you are convicted.
Are you facing domestic violence charges in Colorado? If so, you need to take those charges seriously. There is no such thing as a minor domestic violence charge. All charges can potentially result in jail or prison time. Contact the Law Office of Kevin Cahill at 720-445-9887 to schedule a free consultation.
What Happens After Someone Reports Domestic Violence
If someone reports a suspicion of domestic violence to the police, the police are required to investigate that report as quickly as possible. Domestic violence is usually treated as an ongoing crime, which means the victim is always in danger. If police have probable cause to suspect the domestic violence allegations are true, they are required to arrest the suspect. In practice, this means that police arrest someone in almost every reported domestic violence case.
If you are arrested for domestic violence, part of the justice system will play out quickly. That arrest triggers an automatic mandatory protection order. While you are under a protection order, you must obey it to the letter. Every protection order is different, but typically, you will be prohibited from:
- Contacting the alleged victim
- Approaching the alleged victim
- Staying in a residence with the alleged victim
- Working at the same place as the alleged victim
- Taking classes with the alleged victim
- Refusing to pay bills that would benefit the alleged victim
- Violating child visitation rules
- Possessing a gun
- Responding to the alleged victim if they attempt to contact you.
These rules are heavily weighted toward the victim, and in many situations, it is very easy to violate the protection order. The best way to make sure that you don’t accidentally violate the protection order is to contact a domestic violence defense attorney as soon as possible after an arrest. An experienced lawyer from the Law Office of Kevin Cahill can help you understand your rights and continue to live your life without getting into further trouble.
Colorado domestic violence laws are weighted toward the accuser during the early steps of the process.
Defending Against Domestic Violence Charges
Just because the system is weighted against the accused during the early steps, this doesn’t mean you are denied due process after being charged with domestic violence. You still have your constitutional rights, including the right to counsel and the right to confront your accuser in court. Your criminal defense attorney has multiple options to fight these charges.
Getting the Case Dismissed by the Prosecution
This is the approach that attorneys typically take when you have been falsely accused. Your attorney will collect evidence that the accusation is false and present it to the prosecutor. If your lawyer can get evidence that is definitive enough to show that an accusation is false, typically the prosecutor will choose to voluntarily withdraw the charges.
Petitioning a Judge to Dismiss the Case
The police and prosecution are required to respect your rights throughout the legal process. This means that you must be read your Miranda rights when you are arrested and that any searches of your belongings must be completed after the police receive a proper warrant. If your rights were violated at any point in the process, your attorney will provide the court with evidence of those violations. This can result in the court’s dismissing your case. Even if it doesn’t, it may cause a judge to throw out evidence or specific charges.
Negotiating a Plea Deal
In some cases, the best option is to negotiate a plea deal. You will have to plead guilty to some charges, but your attorney will negotiate which charges and what penalties you suffer for them. Typically, when negotiating a plea deal, your lawyer will fight to keep you out of jail.
Contact the Law Office of Kevin Cahill Today
Domestic violence charges in Colorado can potentially result in years spent in prison. Avoid that fate by getting the help of an experienced lawyer as soon as you are arrested.
Are you facing domestic violence charges? Don’t delay. Contact our law firm at 720-445-9887 immediately to schedule a free consultation.