Domestic violence charges can be overwhelming and scary, especially if you don’t know what to expect. In Colorado, being accused of domestic violence comes with serious consequences. Understanding what these charges mean and how to defend against them is very important. If you find yourself in a situation where you are facing such charges, it is crucial to know what steps you can take to protect your rights.
Domestic violence charges are not only about physical harm. In Colorado, the law looks at domestic violence as an act of aggression or control over a person with whom you have an intimate relationship. This could be a spouse, partner, or even someone you live with. The term is broad, and it can include physical, emotional, or verbal actions that are intended to harm or control another person. The penalties for these charges can affect your life for a long time. It is important to be aware of the seriousness of these accusations and take immediate steps to defend yourself. At, Law Firm of Mark S. Hanchey, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Happens After a Domestic Violence Arrest?
If you are arrested for domestic violence in Colorado, the police are required to take the situation seriously. Colorado has a mandatory arrest law, which means that if the police believe that domestic violence has occurred, they must make an arrest. This is true even if the victim does not want to press charges. The goal is to protect victims, but this can lead to situations where misunderstandings or false accusations result in an arrest.
Once you are arrested, you will likely face an initial hearing where a judge will decide whether you should be released on bond or kept in custody. This can be a stressful time because you may be separated from your family and loved ones. It is very important to follow the conditions set by the court if you are released on bond. These conditions may include staying away from the alleged victim and not returning to your home if you share it with the person making the accusation.
The Role of a Restraining Order
When someone is accused of domestic violence, a restraining order is often put in place. This means that the accused person cannot contact the victim in any way. In many cases, the accused will not be allowed to return home or see their children. Violating a restraining order can lead to even more serious legal problems. It is important to follow the terms of the restraining order carefully, even if you believe the accusations are false or exaggerated.
A restraining order can make it difficult to maintain your normal daily life, especially if you live with the alleged victim or have children together. It can also create challenges when trying to resolve the case because it limits your ability to communicate with the other person. Despite these challenges, it is important to work within the legal system to resolve the issue. Violating the restraining order will only make matters worse and may lead to further criminal charges.
Defenses to Domestic Violence Charges
There are several ways to defend against domestic violence charges in Colorado. One of the most common defenses is that the accusation is false. Sometimes people make accusations of domestic violence out of anger, jealousy, or as a way to gain the upper hand in a divorce or custody battle. In these cases, it is important to gather evidence that supports your side of the story. This could include witness testimony, text messages, emails, or other forms of communication that show the accusations are untrue.
Another defense is that the act was not domestic violence. The law in Colorado requires that domestic violence involves an act of control or aggression in an intimate relationship. If you were not trying to control or harm the other person, you may be able to argue that your actions do not meet the legal definition of domestic violence.
Self-defense is also a common defense in domestic violence cases. If the other person was attacking you and you acted to protect yourself, you may be able to argue that your actions were justified. In these situations, it is important to have evidence that shows you were not the aggressor.
The Impact of Domestic Violence Charges
Being charged with domestic violence can affect many areas of your life. If convicted, you could face jail time, fines, and mandatory counseling or treatment programs. Beyond the legal penalties, a domestic violence conviction can affect your ability to find a job, rent an apartment, or maintain custody of your children. The consequences of these charges are far-reaching, which is why defending against them is so important.
In addition to criminal penalties, domestic violence charges can also affect family law cases, such as divorce or child custody. If you are involved in a custody dispute, a domestic violence charge can be used against you to limit your access to your children. The court may view you as a threat to your children’s safety, even if the charges are not proven. This is why it is crucial to have a strong defense in place as early as possible.
Working with a Defense Attorney
One of the most important steps you can take when facing domestic violence charges is to work with an experienced defense attorney. A lawyer who understands Colorado’s domestic violence laws can help you navigate the legal system and protect your rights. They can work with you to develop a defense strategy, gather evidence, and represent you in court.
An attorney can also help you understand the legal process and what to expect at each stage of your case. They will explain the charges against you, the potential penalties, and your options for defending yourself. Having an attorney by your side can make a big difference in the outcome of your case.
How to Avoid Mistakes During Your Case
When you are facing domestic violence charges, it is important to avoid making mistakes that could hurt your defense. One of the most common mistakes is violating the terms of a restraining order. Even if you believe the restraining order is unfair or unnecessary, you must follow it. Violating the order can result in additional criminal charges and make it more difficult to defend yourself.
Another mistake is trying to handle the case on your own without legal help. Domestic violence cases are complex, and the consequences of a conviction are serious. Without a lawyer, you may not know how to properly defend yourself or protect your rights. Working with a lawyer ensures that you have someone on your side who understands the law and can help you make the best decisions for your case.
It is also important to avoid talking about your case with others, especially on social media. Anything you say or post online could be used against you in court. It is best to keep the details of your case private and only discuss them with your lawyer.
Why You Should Take Action Right Away
If you are facing domestic violence charges in Colorado, taking action as soon as possible is essential. The longer you wait, the harder it may be to gather evidence and build a strong defense. The consequences of a conviction can affect your life for years to come, so it is important to take the charges seriously and seek legal help right away.
Your lawyer can work with you to develop a defense strategy and protect your rights throughout the legal process. They will help you understand what to expect and ensure that you are treated fairly. By taking action early, you give yourself the best chance of a positive outcome.
If you are facing domestic violence charges in Colorado, do not face them alone. The Law Firm of Mark S. Hanchey is here to help you defend your rights and protect your future. With years of experience in handling domestic violence cases, we understand the challenges you are facing and are ready to stand by your side. Contact us today for a consultation and let us help you fight for the best possible outcome in your case.