Understanding Domestic Violence in Colorado:

Domestic violence. The words conjure images of physical altercations, but the reality in Colorado is far more nuanced. While not a specific crime in itself, "domestic violence" is a sentencing enhancer that can be applied to any offense, dramatically impacting the consequences. This means even seemingly minor incidents can carry the weight of a domestic violence label if they occur within an intimate relationship and are intended to intimidate, coerce, or control the other person.

Beyond physical violence: In Colorado, domestic violence can encompass a range of actions, including:

• Harassment: Repeatedly bothering or threatening someone.

• Destruction of Property: Damaging belongings to intimidate or control.

• Offenses Against Animals: Harming a pet to cause emotional distress to the other party.

If the intent behind these actions is to manipulate or dominate someone you're in an intimate relationship with, it can be classified as domestic violence.

The Legal Ramifications: A Tough Stance

Colorado law takes domestic violence allegations very seriously. Here's what you need to know if you're facing such accusations:

• Mandatory Arrest: If law enforcement has probable cause to believe a domestic violence offense has occurred, they must make an arrest. In El Paso County, this means jail time, booking, and an overnight stay until you can appear before a judge for bond setting.

• Firearms Restrictions: Anyone charged with a domestic violence offense must immediately relinquish all firearms in their possession.

• Limited Prosecutorial Discretion: The District Attorney is significantly restricted in these cases. They cannot dismiss the charges or offer a plea to a non-domestic violence offense unless the alleged actions, at face value, wouldn't constitute domestic violence. This holds true even if the alleged victim doesn't want to press charges.

• Mandatory Protection Orders: Upon arrest, a mandatory protection order is issued. This order typically requires the accused to vacate the shared residence and prohibits any contact with the alleged victim. This can create significant challenges, especially for parents sharing custody of children, particularly if formal parenting orders aren't yet in place.

Consequences of a Conviction:

A domestic violence conviction carries severe and lasting consequences:

• Mandatory Treatment: Offenders are required to undergo a domestic violence evaluation and complete a treatment program.

• Firearms Prohibition: A convicted individual is permanently barred from owning or purchasing firearms or ammunition.

• Extended Protection Order: The mandatory protection order remains in effect throughout the duration of the sentence, including any probation period.

Facing Domestic Violence Allegations? Seek Legal Counsel Immediately.

If you've been charged with a domestic violence offense or are subject to a protection order, understanding your rights is crucial. The complexities of Colorado law in this area can be overwhelming and the consequences are serious and can have a permanent impact. Don't navigate this challenging situation alone. Contact Andrew Green Law today for a free consultation. We can help you understand the charges, the potential consequences, and how best to protect your interests.