Denver Domestic Violence Lawyer

This may seem like a silly question, but different states have different legal definitions, so it’s important to understand what is regarded as domestic violence (as opposed to other forms of violence) in the state of Colorado.  Colorado Revised Statutes categorizes domestic violence as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship”.

However, it is not a standalone offense, as with, say, a physical assault, which is why the Statute goes on to say that domestic violence “includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship”.

What qualifies as an intimate relationship?  According to the Statute, it is “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time”.

Mandatory Arrests

In the state of Colorado, legal authorities take decisive action whenever there is a report of domestic violence, and this includes following the mandatory arrest law.  If police are called to assess a situation where harassment, abuse, or physical violence has occurred, they determine probable cause, and they discover that the alleged victim and offender are in (or were in) an intimate relationship, they must arrest the offender immediately for the safety of everyone involved.

Offenders will be taken to jail and remain in custody until a judge sets a bond.  Charges of domestic violence will be added to other criminal charges in the domestic violence case as an aggravating offense, or “sentence enhancer”.  The case cannot be dismissed just because the victim decides not to press charges. A criminal protection order will be put in place until either the case is dismissed or the guilty person has met all the conditions of their punishment. 

Civil Protection Orders

In Colorado a person can ask the Court for a protection order against someone who has:

• Committed assaults or threatened bodily harm against that person
• Has committed domestic abuse against the person
• To prevent emotional or physical abuse of the elderly or of an at-risk adult
• To prevent sexual assault or abuse
• To prevent stalking

After filing for a civil protection order, you will quickly be seen by a Judge to hear about the facts of your case. You need to prove that there is imminent danger or harm that needs to be stopped immediately. Usually this hearing is held without the other party present. If the Judge feels there is sufficient evidence to show imminent danger or harm, the Court will issue a Temporary Protection Order. A show cause order is then issued to the other party and a hearing is set for both of you to tell the Court your sides of the story. This hearing is required to occur just 14 days after the temporary protection order is issued. 

At the permanent protection order hearing, the person seeking to have the protection order made permanent must show that the offending individual “has committed acts constituting grounds for issuance of a civil protection order and that unless restrained, will continue to commit such acts. 

If the order is made permanent, the offending individual may not ask the Court to modify or dismiss the protection order for a minimum of 2 years. If the offending person violates the permanent protection order, they lose the right to ever ask the Court to have the protection order removed. 

Contact us online or at (720) 408-7726 for a consultation.