Colorado Domestic Violence Laws: What You Should Know

Accused Of Domestic Violence?

Being accused of domestic violence in Colorado can change your life almost immediately.

\Many people are surprised to learn that a domestic violence accusation can lead to mandatory arrest, protective orders, removal from the home, restrictions on seeing children, loss of firearm rights, and serious damage to a person’s reputation – sometimes before they have even had a chance to tell their side of the story.

Here are some things you need to know about Colorado’s Domestic Violence laws.

Colorado Domestic Violence Laws – What You Should Know

Colorado takes domestic violence allegations very seriously. While protecting true victims is important, false accusations, exaggerated claims, misunderstandings, and emotionally charged situations do happen.

Unfortunately, once police become involved, the situation can quickly spiral out of control.

At The Law Office of Jeremy Loew, we represent people accused of domestic violence offenses throughout Colorado Springs and surrounding communities.

If you are facing allegations involving a spouse, partner, family member, or someone you live with, understanding how Colorado domestic violence laws work is extremely important.

Domestic Violence Is Not A Separate Criminal Charge In Colorado

One thing many people do not realize is that “domestic violence” is not actually a standalone criminal offense under Colorado law.

Instead, domestic violence is considered a sentence enhancer attached to another alleged crime. In other words, prosecutors add a domestic violence designation to an existing charge if they believe the offense involved an intimate relationship.

That underlying charge could involve:

• Harassment
• Assault
• Criminal mischief
• Disorderly conduct
• Trespassing
• Menacing
• Stalking
• Violation of a protection order

Even relatively minor allegations can become much more serious once a domestic violence designation is added.

Under Colorado law, an “intimate relationship” does not necessarily mean marriage. It may include:

• Current or former spouses
• Dating relationships
• Co-parents
• Former romantic partners
• People who currently live together or previously lived together
• Colorado’s Mandatory Arrest Policy

Colorado follows a mandatory arrest policy in many domestic violence situations. That means police officers responding to a domestic disturbance often feel pressured to make an arrest if they believe probable cause exists.

In many cases, officers arrive after an argument has already escalated emotionally. Witness statements may conflict. Sometimes there are no independent witnesses at all. Despite this, someone may still be arrested based largely on one person’s statement.

Unfortunately, police do not always have the full story when they make an arrest decision.

People are sometimes shocked to discover they are being taken to jail after:

• A verbal argument
• A heated breakup
• Property damage during an argument
• An accusation made during a divorce or custody dispute
• Acting in self-defense

Once an arrest occurs, the case may continue even if the alleged victim later wants the charges dropped.

Protective Orders Are Common

After a domestic violence arrest, courts almost always issue a mandatory protection order.

These orders can prohibit:

• Contact with the alleged victim
• Returning home
• Possessing firearms
• Contacting children in some situations

Violating a protection order can result in additional criminal charges, even if the protected person initiated the contact.

Many people unintentionally create new legal problems because they do not fully understand the restrictions placed on them after arrest.

Domestic Violence Convictions Can Have Long-Term Consequences

A domestic violence conviction can affect far more than just fines or jail time.

Depending on the charge and circumstances, a conviction may impact:

• Employment opportunities
• Professional licenses
• Child custody matters
• Immigration status
• Housing opportunities
• Firearm ownership rights
• Personal reputation

Colorado also requires domestic violence treatment classes in many cases. These programs can be lengthy, expensive, and time-consuming.

Even a misdemeanor domestic violence conviction can create long-term consequences that follow someone for years.

Every Domestic Violence Case Is Different

Domestic violence cases are often far more complicated than they initially appear.

Sometimes allegations are completely false. Other times:

• The incident was exaggerated
• Alcohol contributed to confusion or conflicting memories
• Both parties were involved in a confrontation
• Injuries were accidental
• The accused person acted in self-defense

Text messages, witness statements, surveillance footage, bodycam footage, and prior communications may all become important evidence.

At The Law Office of Jeremy Loew, we carefully examine the facts surrounding each case and look for weaknesses in the prosecution’s evidence. In some situations, evidence may support reduced charges, dismissal, or acquittal.

The “No Drop” Reality In Colorado

Many people believe that if the alleged victim wants the charges dropped, the case automatically goes away. That is not usually how it works in Colorado with the no-drop reality..

Prosecutors — not the alleged victim — decide whether criminal charges continue.

Colorado prosecutors often pursue domestic violence cases even when:

• The alleged victim changes their story
• The alleged victim asks for dismissal
• The parties reconcile
• The alleged victim refuses to cooperate

This is one reason why speaking with an experienced criminal defense attorney early in the process is so important.

Speak With A Colorado Springs Domestic Violence Defense Lawyer

If you have been arrested or accused of domestic violence in Colorado Springs, it is important to take the situation seriously from the very beginning.

Statements made to police, text messages, social media posts, and violations of protection orders can all affect your case.

Colorado Springs criminal defense lawyer Jeremy Loew represents clients accused of domestic violence and related criminal offenses throughout Colorado. He understands how prosecutors handle these cases and works to protect his clients’ rights, freedom, and future.

If you are facing domestic violence allegations, contact The Law Office of Jeremy Loew to discuss your situation and learn about your legal options.