Domestic violence cases are complex and emotionally charged, often involving sensitive issues for both the victims and the accused. In Colorado, these cases follow a series of stages in the criminal justice system. From law enforcement intervention to trial, sentencing, and beyond, each step can have a profound impact on the lives of everyone involved. It is important to understand this process, whether you are seeking help as a victim or defending someone who is facing such charges. The Law Firm of Mark S. Hanchey and Ben Peterson, with its extensive experience in criminal defense, is dedicated to providing you with clear insights into what to expect during each phase of a domestic violence case.

Law Enforcement Response and Arrest

When a domestic violence incident is reported in Colorado, law enforcement officers typically respond immediately to assess the situation. Officers will collect evidence, interview witnesses, and if necessary, arrest the person suspected of committing the offense. In cases where an arrest is made, the alleged perpetrator is taken into custody and a bond hearing will be scheduled. During this hearing, the judge will determine whether the individual should be released on bail or held in jail pending trial. Importantly, Colorado law mandates that in cases of domestic violence, the accused cannot post bond for at least 24 hours after an arrest. This is a safeguard designed to protect the victim and allow time for the case to be reviewed. For victims of domestic violence, the law is clear in providing protection. If there is an immediate threat to the victim’s safety, a protection order, also known as a restraining order, may be issued by the judge at the bond hearing. This order may prevent the accused from contacting the victim and restrict their access to certain locations such as the victim’s home or workplace.

The Prosecutor’s Review and Charge Filing

Once the accused has been arrested, the district attorney’s office will review the case. In Colorado, prosecutors have a duty to pursue justice, and in domestic violence cases, they work hard to ensure that victims’ rights are upheld. The prosecutor will decide whether to press charges, and if so, which charges to file. Domestic violence in Colorado is typically charged as a felony or a misdemeanor depending on the nature of the crime and the history of the alleged perpetrator. Domestic violence charges are considered an enhancement to certain criminal offenses, meaning that even if the primary crime appears to be nonviolent, the presence of a domestic relationship can escalate the charge to something more serious. If the prosecutor decides to move forward with the case, formal charges will be filed and the case will be scheduled for a court appearance. It is important to note that in some cases, the victim may choose not to cooperate with the prosecution. However, Colorado law allows the prosecution to move forward with charges regardless of the victim’s wishes, as domestic violence cases are considered crimes against the state.

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The Pretrial Process: Gathering Evidence and Preparing for Trial

After charges have been filed, the pretrial phase begins. This stage involves the collection of evidence, the examination of witnesses, and the preparation of a defense strategy. The defense attorney will often work closely with their client to understand the facts surrounding the case and formulate a defense plan. In some cases, the defense attorney may seek to negotiate a plea deal with the prosecution, where the defendant pleads guilty to a lesser offense in exchange for a more lenient sentence. It is important for both the prosecution and the defense to work diligently during the pretrial process. For the prosecution, this means gathering all available evidence, including medical records, police reports, and any other documentation that may strengthen their case. For the defense, this involves scrutinizing the evidence, identifying any weaknesses in the prosecution’s argument, and determining whether there is sufficient evidence to support a reasonable defense. In Colorado, some domestic violence cases may qualify for diversion programs. These programs offer defendants an opportunity to participate in counseling and rehabilitation services instead of facing traditional criminal penalties. Successful completion of a diversion program can lead to the dismissal of charges, but this is generally only available to those without a prior criminal history.

Bridgette Carabajal

I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.

Lucas Garcia

Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.

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I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!

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I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.

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Arraignment: The First Court Appearance

The next step in the court process is the arraignment. This is where the defendant formally enters their plea before the court. The defendant may plead guilty, not guilty, or no contest to the charges. The judge will also review the terms of any bail or release conditions and may amend those conditions if necessary. In some cases, the defendant may request a jury trial, which can add additional time to the legal process. At the arraignment, the judge may set a trial date, and both the prosecution and defense will continue to prepare for trial.

The Trial Process

If the case proceeds to trial, the courtroom becomes the stage where both sides present their arguments. The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt, while the defense will seek to cast doubt on the evidence or present a defense. In domestic violence cases, the victim’s testimony can be central to the prosecution’s case, but it is not always necessary for a conviction. Physical evidence, witness testimony, and the defendant’s own statements may all play a role in determining the outcome. The trial process can be stressful, particularly for victims who may be asked to testify about intimate details of the abuse. However, Colorado law allows victims to testify via closed-circuit television or in another manner that minimizes the emotional toll of facing the defendant in person. For those facing charges, it is important to have an experienced defense attorney who can present a strong case and protect their rights during the trial.

Sentencing and Long-Term Consequences

If the defendant is found guilty or pleads guilty, the case moves to the sentencing phase. In Colorado, domestic violence convictions carry severe penalties. Depending on the severity of the crime, these penalties can range from probation to prison time. Colorado law requires individuals convicted of domestic violence to attend a treatment program for anger management or domestic violence counseling, even if they are sentenced to probation. A domestic violence conviction can have long-term consequences that go beyond the legal penalties. In many cases, a conviction can impact child custody decisions, restrict the individual’s ability to own firearms, and result in a permanent criminal record. For those who have been accused, understanding these potential consequences is crucial, and having legal representation that can navigate these complexities is vital. Navigating a domestic violence case through the Colorado court system can be daunting. Whether you are the victim or the accused, understanding the steps involved can help reduce anxiety and prepare you for what lies ahead. The Law Firm of Mark S. Hanchey and Ben Peterson is here to provide experienced guidance and support every step of the way. From law enforcement response to sentencing, we can help ensure your case is handled with the care and professionalism it deserves. If you are facing charges or need help in a domestic violence case, contact us for a free consultation today.

Domestic Violence

How Domestic Violence Cases Move Through the Colorado Court System