Facing an accusation of domestic violence can be overwhelming and frightening. It is natural to feel confused, worried, and unsure of where to turn. If you are dealing with these feelings, know that you are not alone. Our firm understands the emotional weight of these allegations and is here to provide support, guidance, and a clear path forward. Navigating this legal challenge is not something you have to do by yourself, and with the right approach, it is possible to achieve a favorable outcome in your case.
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Free Consultation Download PDFUnderstanding the Seriousness of Domestic Violence Charges
Domestic violence allegations in Colorado carry serious legal and personal consequences. It is not a specific crime but rather a sentencing enhancer that applies to offenses committed between people in intimate relationships. These relationships can include spouses, former spouses, current or past partners, and even those who share a child. When domestic violence is alleged, the stakes become significantly higher because the charge affects not only your legal rights but also your reputation, career, and relationships.
If you are accused of domestic violence, it is essential to act immediately. Colorado law requires police to make an arrest if they believe there is probable cause that domestic violence occurred. This mandatory arrest policy can leave you feeling as though your side of the story does not matter, but your voice and actions moving forward are critical.
Complying with Law Enforcement and Court Orders
When law enforcement becomes involved, emotions often run high. During these moments, it is important to stay calm and cooperative. Resisting or arguing with officers can worsen your situation. Even if you believe the accusations are false or exaggerated, complying with the police and following their instructions is the first step in protecting yourself.
After an arrest, the court may issue a mandatory protection order. This order prohibits contact with the alleged victim and may require you to vacate your home or limit interactions with shared children. Violating this order, even unintentionally, can result in additional criminal charges. Understanding and adhering to the conditions of any court orders is critical to maintaining your legal position.
Preserving Evidence and Gathering Information
In the early stages of a domestic violence case, evidence plays a pivotal role in determining the outcome. Begin by documenting as much as you can about the incident and the events leading up to it. This may include text messages, emails, or phone records that show your interactions with the alleged victim. If there were witnesses to the incident, their testimony could also be invaluable.
It is equally important to avoid destroying or tampering with evidence. Deleting messages, altering documents, or attempting to influence witnesses can severely damage your case and result in additional charges. A careful and honest approach to preserving information will strengthen your defense and show the court that you are taking the situation seriously.
Avoiding Communication with the Alleged Victim
One of the most challenging aspects of a domestic violence case is the restriction on communication with the alleged victim. Even if you feel compelled to reach out to explain your side of the story or apologize, doing so can violate a protection order and harm your case. Colorado courts take these orders seriously, and any contact, whether direct or indirect, can lead to significant legal repercussions.
If you need to communicate about essential matters such as shared children or financial obligations, your attorney can help you navigate these conversations in compliance with the court’s orders. Respecting the boundaries set by the court demonstrates your willingness to follow the law and can work in your favor during legal proceedings.
Refraining from Discussing Your Case with Others
When accused of domestic violence, it is natural to want to talk about your situation with friends, family, or coworkers. While seeking emotional support is important, it is also essential to be mindful of what you share and with whom. Statements made to others can be used as evidence against you, even if taken out of context.
Social media is another area where caution is critical. Posts, comments, or photos that may seem harmless could be misconstrued and used by the prosecution. To protect your case, limit discussions about the allegations to your legal team and avoid sharing details about your situation online or with anyone outside your trusted circle.
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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.
Renee Braucht
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.
Understanding the Role of Counseling and Treatment
In some cases, engaging in counseling or anger management programs may be a helpful step. While it is not an admission of guilt, participating in these programs can show the court that you are taking proactive measures to address any issues that may have contributed to the situation. Depending on the specifics of your case, your attorney may recommend voluntary participation in these services as part of your defense strategy.
For individuals struggling with substance abuse or mental health challenges, seeking appropriate treatment can also play a positive role in your case. Courts often view these efforts as a sign of accountability and a commitment to personal growth, which can lead to more favorable outcomes.
Building a Strong Defense Strategy
A well-prepared defense is the cornerstone of any successful domestic violence case. Every situation is unique, and your defense will depend on the specific circumstances of your case. Common defense strategies may include challenging the credibility of the allegations, presenting evidence that contradicts the claims, or demonstrating that the accusations are false or motivated by ulterior motives.
Your attorney will thoroughly investigate the incident, analyze the evidence, and identify weaknesses in the prosecution’s case. By presenting a clear and compelling defense, you can work toward a resolution that minimizes the impact on your life and future.
Preparing for Court Appearances
Court appearances can be intimidating, especially if you are unfamiliar with the legal process. Dressing appropriately, arriving on time, and demonstrating respect for the court are small but meaningful ways to make a positive impression. Your attorney will guide you through what to expect, how to present yourself, and how to respond to questions or statements during proceedings.
Being prepared and informed about each stage of your case will help reduce stress and allow you to focus on working toward a resolution. With the right legal support, you can navigate these challenges and protect your rights.
The Importance of Legal Representation
Facing domestic violence charges without legal representation is risky. The legal system is complex, and the consequences of a conviction can include jail time, fines, mandatory counseling, and lasting damage to your personal and professional life. An experienced attorney can provide the knowledge and support you need to understand your options and make informed decisions about your case.
Your attorney will serve as your advocate, ensuring that your side of the story is heard and your rights are protected. They will handle negotiations with the prosecution, represent you in court, and work tirelessly to achieve the best possible outcome for your situation.
Taking the First Step Toward Resolution
If you are accused of domestic violence in Colorado, the road ahead may seem daunting, but you do not have to face it alone. Seeking the guidance of a knowledgeable attorney is the first step toward protecting your rights and achieving a resolution that allows you to move forward with your life.
At the Law Firm of Mark S. Hanchey, we understand the challenges you are facing and are here to help. Our compassionate and dedicated team will work closely with you to build a strong defense and pursue the best possible result for your case. Contact us today to take control of your situation and begin the path toward a brighter future.