Domestic violence accusations are
far too common that you might think. While it is true that many of these are
actually made out of impulse without much forethought, once made the accusation
itself cannot be taken back during the immediate or later legal proceedings.
From then onwards, the situation is handled by law enforcement professionals
and prosecutors.
• If convicted, a restraining order can be issued in the name of the accused preventing further contact with accuser or any other witness during the duration of such a case;
• Counseling and treatment for domestic violence;
• Terms of probation which might vary depending on the offence, the jurisdiction or any other aspect of the sentence
Like any other place in USA,
Colorado also has its own set of laws in regards to domestic violence. Often,
these laws are very strict and inflexible on what takes place after an
accusation has been made. In case you need help with such cases, do not
hesitate to get in touch with a criminal defense attorney with sufficient
experience in handling domestic violence cases under Colorado law.
What is the Definition of Domestic Violence?
Any person looking for help with
a domestic violence case first need to understand that under Colorado law it is
not regarded as a standalone allegation and can be associated with numerous
other felonies or misdemeanors that can affect the final statement or trigger
other legal methods. Domestic violence cases are thus often referred to as an
“aggravator” or a “sentence enhancer”. The bulk of domestic violence cases are
also associated with offences like menacing, harassment, third degree assault, false
imprisonment and violation of restraining orders. For instance, a domestic
violence case may be filed when a harassment charge has been filed by one
person against another and the two individuals have been in an “intimate relationship”.
Critical Aspects of a Domestic Violence Case
Once a person is accused of
instigating domestic violence, the individual will be required to spend some
time in jail. This is particularly true if the law enforcement officials feel
that a confrontation has led to domestic violence and that it can be further
repeated. The police mainly make an arrest as they feel that the violence may
ensue again after they have left the scene. The person imprisoned will remain
in jail unless the bond is set personally by the judge.
Furthermore, it is not possible
to dismiss a domestic violence charge once it has been made unless the
prosecutor announces in the court that the case cannot be proven true beyond a
shadow of doubt.
Domestic Violence Sentencing
In case a person is found guilty
of domestic violence, the person will be subjected to the following sentences:
• Counseling and treatment for domestic violence;
• Terms of probation which might vary depending on the offence, the jurisdiction or any other aspect of the sentence
Getting convicted for a domestic
violence case can also affect the accused individual’s parental rights, ability
to obtain loans and professional licensure opportunities. Furthermore, domestic
violence convictions also give rise to certain federally-mandated provisions
and restrictions associated with gun ownership, government employment, military
service, security clearances and deportation.
Domestic Violence in Colorado: Certain legal aspects
The scope of domestic violence
cases
While most people think that
domestic violence cases attribute to situations where one partner is violent
towards another within an intimate relationship, the scope of such cases is not
only limited to that. Domestic violence can also be said to have occurred when
acts of coercion, punishment, control, intimidation or revenge are involved
against a partner with whom one had an intimate relationship. Damage of personal
property within intimate relationships is also held as domestic violence.
Mandatory Arrest Laws for
domestic violence cases
While for most other crimes a
Colorado police officer is allowed discretion as to when he or she can charge
or arrest someone, in cases of domestic violence the officer must arrest the
individual suspected of the crime. In fact, the legislature commands the
officer to arrest the suspect then and there without any delay.
Victims cannot simply decide to
drop charges
If in case the person who has
reported the crime decides that he or she does not want to press charges any more,
the case will still be not dismissed under the law of Colorado. All crimes that
are committed in Colorado are believed to affront to the dignity and peace of
the State. Hence only the DA responsible for prosecuting the case has the
requisite authority to decide whether the case should be dismissed or not. Even
the judge does not have the right to dismiss the case unless in certain special
occasions.
Domestic Violence cases are
treated as victim's rights cases
All cases of domestic violence
are seen as victim's rights cases, which means that victims has several rights
such as the right to speak to the DA while addressing the bond or attending to
any offers. They also have the right to express their opinions during
sentencing and be notified about the time when the defendant is released. While
it is true that a victim does not have the power to control a prosecution, he
or she can greatly influence the way a case eventually turns out.
Domestic violence convictions
always impacts gun rights
According to the federal law, any
individual convicted of domestic violence cannot carry or possess a gun or
firearm. If a person previously accused of felony is further convicted for a
domestic violence, then the state law also makes it a felony for the individual
to possess a gun. These bans stay active for a lifetime.
What to do when you are accused of domestic violence?
If you are accused of domestic
violence under the Colorado law, it is advisable that you immediately get in
touch with a professional lawyer who is adept at handling domestic violence Colorado cases. This is so because as a layman you might not be aware of all
the legal aspects of such cases and unwillingly complicate your position in
regards to such matters. Only a trained and experienced legal practitioner can
help you to deal with all the circumstances associated with cases like these.