Can Domestic Violence in Colorado be Charged as a Federal Crime?

Domestic violence cases are quite common and they often result from heated arguments or impulsive, on the moment actions. In most cases, it is difficult to ascertain the exact nature of the case, because legal practitioners often have to deal with a lot of “he said, she said” testimony instead of sound evidence. That being said, once an accusation of domestic violence is lodged with the police or law enforcement agencies, it is not possible for the accuser to take back such an accusation and has to go ahead with the legal proceedings associated with it. If you have been accused of domestic violence by anyone, you should definitely get in touch with a domesticviolence lawyer Jefferson County professional who can take up your case and provide you with the legal support that you need.

How domestic violence normally work

As a person who is staying in Colorado, you must be aware of the legal ramifications of such cases in such cases. You should also keep in mind the ways in which domestic violence accusations may have federal ramifications. Colorado law has always been very definite and inflexible when it comes to the accused in a case of domestic violence. You must keep in mind that domestic violence cases do not work as standalone charges and may have connections with other types of felonies and misdemeanors which can impact the sentencing or the verdict of the judge. Some of these felonies and misdemeanors include third degree assaults, harassments, false imprisonments, menacing incidents or even violations of law that lead to a restraining order. Such cases may also be influenced by factors that lead to other ramifications. Due to such reasons, domestic violence cases are often regarded as sentence aggravators or enhancers.

Consequences of domestic violence accusation

Once you are accused of domestic violence, you will need to spend a night or a couple of hours in the jail as the police needs to arrest you if they think that there was an instance of domestic violence which happened during a confrontation. One of the main reasons why they are going to arrest you is to make sure that the confrontation does not take serious proportions and go out of hand. Until your bond is set by the judge, you are going to stay in the jail. Additionally, the domestic violence charge cannot be negated or dismissed by the prosecutor if he or she is unable to prove the validity of the accusation beyond a shred of doubt in the court of law.

The results of a domestic violence sentence

When you are found guilty of carrying out domestic violence, you will be sentenced for it. This will lead to the following consequences.

• You will need to get counseling and treatment for domestic violence;
• When convicted, a mandatory protection order is going to be issued which will state a period for which you need to limit all contacts with accuser as well as any other witness during the time for which the case is ongoing;
• The terms of probation is going to vary depending on the nature of the offense, the jurisdiction as well as other conditions and terms affecting the sentence;
• A domestic violence conviction can impact your rights as a parent and also affect your professional licensing opportunities. You may also find it very difficult to get a loan from a bank or a financial institution or face other difficulties.

Domestic violence convictions may also lead to some major federal provisions and restrictions impacting your rights to own a gun, finding government employment, getting security clearances, deportation or military service. To know more about this, make sure that you get in touch with a domestic violence lawyer Lakewood who can offer you detailed consultation.  

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Legal questions for domestic violence victims

Domestic violence is one of the major problems that our society faces on a day to day basis. In many cases, it is very difficult to maintain an exact statistical record of the total number of people falling victim to such abuses. The reason for this is that not everyone has the courage and motivation to come forward and report their turmoil and pain to the authorities. Leading domestic violence lawyer Aurora strongly encourages people to get in touch with a reputable legal expert when it comes to dealing with instances of abuse as this can eventually lead to critical states if not reported early.

In many cases, the difference between abuse and a simple disagreement between two individuals can be hard to pinpoint, which often makes it difficult for a person to realize that he or she is being abused. Things can become even more difficult when there is a child involved. In such cases, only a legal expert can recommend the best course of action for the victim.

Here are some common questions that are often asked in relation to domestic violence and its legal ramifications.

1. When should I look to obtain a restraining order during the divorce process?

It is always important to ensure personal and physical safety for the victims as the first priority. In many cases, getting the restraining order is the best course of action to ensure that the victim is protected from the harmful activities of the abuser. Numerous types of restraining orders are available and even though they may not always ensure a complete defense to all instances of future abuse, they still present the victims with substantial legal protection in case such an order is violated.

2. What forms of relationships can be classified under the term 'Domestic'?

In most cases, people associate domestic abuse with cases of spousal violence where a man may hit his wife. However, domestic violence may also occur in dating relationships or even among blood relatives who live under the same roof.

3. How can the accusation of domestic violence impact child custody?

Courts typically make decisions about child custody based on one simple standard, i.e. for protecting the child’s best interests. Being accused of domestic abuse can only make it difficult for a parent to have the custody of the child.

4. Can domestic violence impact child support?

In certain ways, the issue of child support is intimately connected to child custody. Parents and all legal guardians are supposed to provide for the children and it is considered to be their legal responsibility. The only exceptions can be made for cases where the children are adopted by some other person or the child has been emancipated. The responsibility of providing for the children does not simply cease to exist just because the abuser has lost custody.

5. When should you seek legal help for emotional abuse?

Plenty of people have this misconception that the scope of domestic violence laws essentially covers physical abuse. In other words, cases of abuse that lack any discernible evidence of physical injury or harm are not acknowledged by the law and the victims cannot get any help on such occasions. However, this cannot be farther away from the truth. If you feel that you are a victim of emotional abuse, you can certainly get in touch with a domestic violence lawyer Colorado to seek his/her her help and find out what the law can do for you. Emotional scars or pain can have a devastating toll on a person and can sometimes be even more damaging than physical abuse. There are now laws that can provide you with protection against instances of emotional abuse.  

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Common Defenses to Domestic Violence Charges

Domestic violence is a serious offense and the law takes strict actions against the guilty. However, cases of false allegation aren’t very uncommon. On being wrongfully accused of domestic violence, you can get into huge trouble which, in turn, can adversely impact your life as well reputation. If you feel that you are in a similar situation and want to fight off the charges, you must know what are the potential defenses that can be used to protect your rights and interests. The most important right that you have in this regard is the right to an attorney. A good domestic violence attorney can help you figure out the best strategy to fight false allegations of domestic violence.

Here are the common defenses to domestic violence charges: 

Deliberate False Allegations

In some cases individuals make false allegations of abuse against partners for personal gain or reasons that are not at all related to violence. Such charges often appear in divorce cases where the spouse makes false allegations to collect more monetary reward or gain full custody of children. In such cases, the defendant needs to find inconsistencies in the story of the opponent by matching police records or examining accounts of witnesses or through close examination.

Wrong Suspect

The defendant may also claim that someone else was responsible for the violence and prove himself innocent. To prove that the defendant cannot be the person who has committed the offense, the accused needs an alibi that he wasn’t present at the scene when the alleged victim was abused. You can present witnesses who testify that you were with them, not close to the scene of crime. You can also present photos or videos with time stamp that show you were somewhere else at that time.

Lack of Evidences

In domestic violence cases, one of the strongest defenses could be finding loopholes in the opponents case or argument. The defendant cannot be convicted if the prosecution cannot provide sufficient proof against the accused. An experienced attorney can uncover loopholes and contradictions in the arguments of prosecutor or the alleged victim to save the defendant.

Consent

The defendant can use this defense if he can prove that the opponent consented to the act. This includes situations where both individuals have willingly participated in a volunteer fight or sadistic sexual practice. However, it becomes difficult to defend yourself if there is no witness to back-up your claim.

Self Defense

For using self defense as a strategy, you must prove that your action was only intended to protect yourself or your children. This type of defense works only if you can prove that you perceived an imminent threat and was not the initial aggressor.

For using these defenses to fight domestic violence charges, careful examination of the case and situation is required, which becomes easy if you hire an expert Denver domestic violence lawyer. With good observation skills and deep understanding about the state laws, he or she can help you deal with such cases efficiently.

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Legal Penalties of Domestic Violence in Colorado

Being accused of domestic violence could be a nightmare in Colorado. And, if one wants to fight off the charges, it’s important to know the laws and the consequences in detail. The law makers of the state have defined domestic violence as a threat or act of violence against an individual with whom the aggressor had or has an intimate relationship. It also includes any other crime or municipal ordinance violation that has been committed against a person or against property to control or intimidate a person with whom the aggressor has or had an intimate relationship. There are several potential criminal charges associated with domestic violence, ranging from low level misdemeanor to high level felony, also including multiple felonies and misdemeanor. If a person is found guilty at trial, he might have to face severe legal penalties, which varies in nature depending on the charges.

The legal penalties for domestic violence conviction in Colorado includes:

Incarceration

The convicted person could be confined to county jail or prison for domestic violence. Although not every sentence includes jail or prison, the defendant must keep in mind that this could be one of the consequences if he is found guilty at trial or accepts a plea offer from district attorney. Jail or prison are more likely to be the consequences in case of a second or subsequent misdemeanor charge and a first time felony conviction.

Counseling

In addition to any sentence, the convicted is sometimes required to participate in a domestic violence evaluation and has to follow the recommendations. He is also ordered to complete the domestic violence treatment program, the minimum of which consists of 36 hours of treatment and is usually completed by engaging with the same for two hours in a week. The cost of evaluation and treatment is to be paid by the convicted. Some cases also include mental health evaluation or parenting classes.

Probation

Conviction or acceptance of a plea agreement to misdemeanor domestic violence charge by a person who doesn’t have a prior criminal record may also lead to probation, granted by the court. A probation officer is assigned, who supervises the activities of the person, helping him to avoid situations where new criminal charges may arise. In some cases, unsupervised probation is also granted where the defendant doesn’t have an officer to check and is not required to pay the probation supervision fees. On failing to complete the probation requirements, as ordered by the court, the probation can be revoked resulting in additional penalties.

Deportation

In certain cases, the non citizens convicted for domestic violence are deported. Thus before entering into any plea, the defendant should be aware of this. 

Evaluation and Treatment of Substance Abuse

In cases where an illicit drug or alcohol led to domestic violence charges, the person is subjected to substance abuse evaluation to determine if and to what extent the person is using substances. It also evaluates if the defendant is suitable for drug or alcohol treatment or not. If the person is found suitable, appropriate treatment is recommended. 

Anger Management

In certain cases, the court may order the convicted person to attend and complete anger management program. However, many individual begin attending anger management classes after being arrested or charged with domestic violence. But the defendant must know that the criminal court may or may not give him any credit for this.

Restraining Order

In every criminal case, a mandatory protection order is issued against the defendant. This type of restraining order remains in effect till the case is complete and restrains the accused from molesting, harassing, threatening, intimidating or tampering with any victim or witness to an alleged crime. However, it doesn’t restrain the person from communication with an alleged victim or witness. 

For anyone willing to fight the domestic violence charges, knowing the laws and penalties associated with the crime is important. However, if the case or the legal system seems too much complicated it’s always better to consult an experienced domestic violence defense lawyer. 

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