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Facing a domestic violence charge in Colorado is a serious and daunting experience that can have significant legal, emotional, and social repercussions. Understanding the legal process and knowing how to navigate it effectively can make a substantial difference in the outcome of your case. 

Understanding Domestic Violence in Colorado

In Colorado, domestic violence is defined as an act or threatened act of violence on a person with whom the accused has an intimate relationship. This includes spouses, former spouses, cohabitants, or someone with whom the accused shares a child. 

Immediate Steps to Take if Charged

1. Seek Legal Representation

The first and most crucial step is to hire an experienced Colorado Springs defense attorney who has successfully litigated domestic violence cases. A knowledgeable lawyer can provide valuable guidance, protect your rights, and develop a strong defense strategy.

1. Comply with Protective Orders

If a protective order is issued against you, comply with all its terms. Violating a protective order can result in additional charges and complicate your defense. This means avoiding any form of contact with the alleged victim, including through intermediaries or social media.

1. Gather Evidence

Start collecting any evidence that can support your case. This can include text messages, emails, witness statements, and any other documentation that may contradict the allegations or demonstrate your character in a positive light.

1. Document Your Side of the Story

Write down your version of events as soon as possible while the details are still fresh in your mind. This can help your attorney build your defense and ensure you remember critical facts when discussing the case.

The Legal Process of a Colorado Domestic Violence Charge

Upon arrest and pursuant to statute, you must be held without bond until you appear in front of a judge.  Usually this occurs the next day, but if you are arrested late at night or early in the morning, you may have to sit an additional day.  At that initial appearance, the judge will set a bond for you.. An attorney can argue for reasonable bail terms based on your circumstances.

At your first court appearance after your bond hearing, , you will be formally charged. Your attorney will receive a plea offer from the District Attorney’s Office, and in most situations, the case will be set out again so you can be advised on whether to accept the offer, negotiate further, or plead not guilty and set the matter for trial.

Your attorney will receive the discovery from the District Attorney’s Office.  Generally this is police reports, photos, and any recordings that exist to include 911 calls and body camera footage.  You will go over this with your attorney when deciding how to proceed with your case.  Is this a good self-defense case?  Can the case be proven by the prosecution if the named victim in the matter does not show up to testify?  These are among questions that need to be answered before you can make an adequate decision on what do with your case.

Additionally, your attorney may file pre-trial motions to suppress evidence, dismiss charges, or request other legal remedies. These motions can significantly impact the outcome of your case by challenging the legality of the prosecution’s evidence or procedures.

In many cases, the prosecution and defense will negotiate a plea agreement to avoid the uncertainty of a trial. A skilled attorney will understand what it takes to secure the best possible deal, which may involve reduced charges or a more lenient sentence.

If a plea agreement cannot be reached, your case will go to trial. Your attorney will present your defense, cross-examine witnesses, and argue on your behalf. The prosecution must prove your guilt beyond a reasonable doubt for you to be convicted.

CO Domestic Violence Cases: Potential Defenses

Several defenses can be employed in a domestic violence case, depending on the circumstances. 

• Self Defense can be argued if you were protecting yourself from imminent harm. 
• False accusations may be demonstrated by showing that the allegations are fabricated or exaggerated. 
• Lack of evidence can be challenged by questioning the prosecution’s evidence as insufficient or unreliable. 
• Mistaken identity can be shown by proving that someone else committed the alleged acts.

Consequences of a Colorado Springs Domestic Violence Conviction

A conviction for domestic violence in Colorado can have severe and lasting consequences, including criminal penalties that range from fines and probation to imprisonment, depending on the severity of the charges. Long-term protective orders can be issued, restricting your contact with the victim and affecting your living arrangements and custody rights. 

Federal and state laws prohibit individuals convicted of domestic violence from owning or possessing firearms. A criminal record can impact your ability to find employment or housing, as many employers and landlords conduct background checks. You may also be required to attend domestic violence treatment programs or counseling as part of your sentence.

In other words, even a charge of domestic violence is a big deal in our state. The repercussions can be severe and lifelong. If you want to make sure your rights and future are protected, you need to fight back with every legal option available to you.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.