Strategic Defense for Domestic Violence Allegations
Domestic violence allegations in Colorado carry immediate and potentially life-changing consequences. Beyond criminal penalties, these charges can affect your family relationships, housing situation, employment opportunities, reputation, and constitutional rights. At our firm, we understand the complexities of domestic violence cases and provide strategic, compassionate representation focused on protecting your rights and future.
Understanding Domestic Violence Charges in Colorado
In Colorado, domestic violence is not a standalone crime but an enhancement to other criminal charges when the alleged victim and defendant share an intimate relationship. This designation triggers special procedures, mandatory arrest policies, and enhanced penalties that make these cases particularly challenging.
What Constitutes Domestic Violence in Colorado
Under Colorado law, domestic violence is defined as an act or threatened act of violence against a person with whom the defendant has or had an intimate relationship. This includes current or former spouses, unmarried couples who live or have lived together, persons who share a child, and current or former dating partners.
The underlying offenses that can receive domestic violence designation include assault, harassment, menacing, property damage, stalking, child abuse, violation of protective orders, and electronic communication offenses. When designated as domestic violence, these charges trigger specific legal protocols and consequences.
Domestic violence allegations set in motion a series of immediate consequences that can profoundly disrupt your life. Colorado law requires police to make an arrest when they have probable cause to believe domestic violence has occurred, even if the alleged victim does not wish to press charges. Prosecutors generally pursue these cases regardless of the alleged victim's wishes, making it impossible for charges to be "dropped" simply because the complaining witness changes their mind.
Upon arrest, a mandatory protection order is imposed, typically preventing any contact with the alleged victim and possibly your children, and often requiring you to leave your home. Federal law prohibits possession of firearms by persons convicted of domestic violence offenses or subject to certain protective orders. Defendants also face special bond conditions and may be held without bond until appearing before a judge.
Long-Term Consequences of Domestic Violence Convictions
Beyond immediate legal penalties, domestic violence convictions carry significant long-term consequences. Convictions require completion of domestic violence treatment programs, which typically involve 36 weeks of classes at the defendant's expense. Multiple domestic violence convictions can lead to felony charges, even if the underlying offenses are misdemeanors.
Many employers conduct background checks, and domestic violence convictions can significantly limit career opportunities, especially in fields requiring professional licensing, security clearances, or positions of public trust. Many landlords screen for these convictions, making housing more difficult to secure. Domestic violence findings strongly influence child custody determinations in divorce and parental responsibility cases. For non-citizens, these convictions can trigger deportation proceedings and other severe immigration consequences.
Our Domestic Violence Defense Approach
Our defense team understands both the legal complexities and personal sensitivities involved in domestic violence cases. We approach each case with careful attention to both immediate defense needs and long-term implications.
Comprehensive Case Analysis
We begin with a thorough review of all evidence, including police reports and officer notes, 911 call recordings, photographs and medical records, witness statements, prior relationship history, electronic communications, prior police contact, and video evidence from body cameras or surveillance. This detailed analysis helps identify inconsistencies, alternative explanations, and potential defense strategies specific to your situation.
Strategic Defense Planning
Based on our case analysis, we develop customized defense strategies that may include constitutional challenges, factual challenges, self-defense claims, mental health considerations, and negotiation strategies. We scrutinize evidence for Fourth Amendment violations during searches, Fifth Amendment violations during questioning, and other constitutional issues that could lead to evidence suppression.
We investigate inconsistencies in allegations, explore alternative explanations for injuries or property damage, and identify potential motives for false accusations. When appropriate, we develop self-defense narratives supported by evidence showing that actions were legally justified responses to aggression. We address how mental health issues, substance abuse, or trauma may have contributed to the situation, potentially opening alternative resolution pathways. We also identify leverage points for negotiating reduced charges, deferred sentencing, or diversion programs that can ultimately lead to case dismissal.
Protective Order Management
Navigating protective orders is often among the most difficult aspects of domestic violence cases. Our attorneys help clients understand protective order restrictions and compliance requirements, request modifications for essential contact regarding children or property, prepare for permanent protective order hearings, and develop strategies for eventually lifting unnecessary restrictions. We work to minimize the disruption these orders cause while ensuring strict compliance to avoid additional charges.
Family Impact Mitigation
For clients with children, we address the family impact of domestic violence allegations through coordination with family court proceedings, development of parenting time arrangements that comply with protective orders, creation of supervised visitation plans when necessary, and strategies to maintain parent-child relationships during criminal proceedings. Our goal is to preserve family relationships while navigating the restrictions imposed by the criminal justice system.
Common Defense Strategies in Domestic Violence Cases
Each domestic violence case presents unique circumstances requiring tailored defense approaches. Common strategies we employ include:
Challenging Evidence and Testimony
We rigorously examine prosecution evidence, looking for inconsistencies, contradictions, and alternative explanations. This includes careful analysis of physical evidence that doesn't align with allegations, inconsistent statements by the alleged victim, witness accounts that contradict the charges, timeline discrepancies, and the context of communications or interactions. When evidence is weak or contradictory, we push for dismissal or reduced charges based on insufficient evidence to meet the burden of proof.
Self-Defense and Mutual Combat
In many cases, what begins as mutual argument escalates to mutual physical contact. We develop self-defense narratives when supported by evidence, demonstrating who was the primary aggressor, proportional responses to threats, reasonable fear of harm, and absence of alternative options. Colorado law recognizes the right to defend oneself, even in domestic contexts, and we ensure this legal protection is properly applied when relevant.
False Allegations Analysis
Unfortunately, domestic violence allegations sometimes arise from other motivations, including leverage in divorce or custody disputes, retaliation for perceived wrongs, jealousy or emotional reactions, misinterpretations of accidents or consensual activities, and mental health or substance abuse issues. We sensitively but thoroughly investigate potential motivations behind questionable allegations, developing defense narratives that explain the full context of the situation.
Mental Health and Treatment Approaches
For cases involving genuine mental health, anger management, or substance abuse issues, we develop defense strategies that emphasize treatment and rehabilitation rather than punishment. This approach can lead to diversion program eligibility, deferred sentencing arrangements, treatment-based alternatives to traditional penalties, and long-term solutions that address underlying issues. By demonstrating commitment to addressing root causes, we often secure more favorable resolutions that focus on rehabilitation rather than punishment.
Specialized Experience in Complex Domestic Violence Cases
Our defense team brings specialized experience to challenging domestic violence scenarios:
High-Conflict Relationship Cases
We have extensive experience with cases arising from high-conflict relationships where there may be a history of police calls, prior protection orders, or ongoing family court proceedings. Our approach integrates criminal defense strategy with family law considerations, addressing the interconnected legal challenges these situations present.
False Allegations in Divorce and Custody Matters
When domestic violence allegations emerge during divorce or custody disputes, we coordinate closely with family law counsel to address both the criminal charges and their impact on family court proceedings. Our experience with the intersection of criminal and family law provides a strategic advantage in these complex cases.
Cases Involving Mental Health and Substance Abuse
We provide compassionate, effective representation for clients whose cases involve mental health challenges or substance abuse issues, developing defense strategies that address both the immediate charges and the underlying health concerns.
Domestic Violence Cases with Immigration Consequences
For non-citizen clients, we develop defense strategies that specifically account for immigration implications, working to avoid convictions that could trigger deportation or other severe immigration consequences.
The Domestic Violence Case Process
Understanding the legal process helps clients navigate this challenging experience with greater confidence:
Initial Response and Protective Orders
Immediately following arrest, our priority is securing your release on bond and addressing the mandatory protective order's impact on your living situation, communication with family members, and daily responsibilities.
Early Case Investigation and Strategy Development
Once retained, we immediately begin gathering evidence, interviewing potential witnesses, and analyzing police reports and other documentation to develop your defense strategy. This early investigation is often crucial for preserving evidence and establishing alternative narratives.
Pretrial Proceedings
During pretrial proceedings, we file appropriate motions to suppress evidence, dismiss charges, or secure favorable evidentiary rulings. We also engage in negotiations with prosecutors, seeking charge reductions or alternative resolution options when appropriate.
Case Resolution Options
Depending on the circumstances, we pursue the optimal resolution path. When evidence is insufficient or constitutional violations occur, we push for complete dismissal of charges. We negotiate to remove the domestic violence designation or reduce charges to non-domestic violence offenses that carry fewer long-term consequences. For eligible clients, we pursue deferred judgment and sentence arrangements that can ultimately result in case dismissal upon successful completion of conditions.
We advocate for diversion program eligibility, particularly for first-time offenders or cases involving mental health or substance abuse factors. When necessary, we provide aggressive trial representation, challenging prosecution evidence and presenting compelling defense narratives to judges and juries.
Post-Resolution Support
Even after case resolution, we continue supporting clients with protective order modifications or termination, coordination with family court proceedings, record sealing when eligible, compliance with probation or treatment requirements, and firearm rights restoration when possible.
Why Choose Our Domestic Violence Defense Team
Specialized Knowledge and Experience
Our attorneys bring specialized knowledge of domestic violence law, including the complex interplay between criminal charges, protective orders, and family court proceedings. This integrated understanding allows us to address all aspects of your case simultaneously.
Discretion and Privacy
We understand the sensitive nature of domestic violence allegations and maintain strict confidentiality throughout the representation process. Our discrete approach respects your privacy while vigorously defending your rights.
Strategic Negotiation Skills
Our reputation for thorough preparation and willingness to litigate when necessary provides leverage in negotiations with prosecutors. This often allows us to secure more favorable resolutions without the uncertainty of trial.
Balanced Advocacy Approach
We combine aggressive defense tactics when appropriate with sensitivity to the complex personal and family dynamics often involved in domestic violence cases. This balanced approach results in defense strategies that address both legal and personal concerns.
Comprehensive Support Network
We maintain relationships with domestic violence treatment providers, mental health professionals, and family law specialists who can provide additional support throughout the legal process and beyond.
Taking the First Step Toward Resolving Your Case
If you're facing domestic violence allegations, taking prompt action is essential. Early intervention often provides the greatest opportunity to positively influence case outcomes. Our defense team offers confidential consultations to discuss your situation, explain your options, and begin developing your defense strategy.
