Domestic Violence Could Ruin Your Divorce Proceedings

Published: October 8, 2014 в 8:41 pm


The Serious Nature of Domestic Violence Charges

Man-in-Cuffs-with-copDomestic violence is an extremely serious issue in the United States. Arguments between husbands and wives, boyfriends and girlfriends, family members and roommates can get out of hand, leading to charges of domestic violence. Certainly some people have trouble controlling their temper, and, in some cases, one spouse may have been intimidating and physically assaulting the other for many years.

On the flip side, because the factors surrounding an arrest for domestic violence in Boulder may be very subjective, and the right call is not always made when accusations of domestic violence are made. In many cases, the first contact with law enforcement will result in an arrest, accompanied by an immediate prosecution mentality, even when the accuser recants.

When the Accusations of Domestic Violence are False

Most times when the police are called, the person accused of domestic violence has never been in trouble with the law before—and may not be guilty of the current charges. Domestic violence is a very serious issue; however, nationwide at least 700,000 persons are wrongly charged with the crime. This number includes all the accusers who actually admit they made up the accusations; however it is likely the number is much, much higher. If you happen to be in the midst of a divorce—or even contemplating a divorce—you should be aware that being charged with domestic violence can significantly alter the course of that divorce.

Why are False Accusations Made?

When false accusations of domestic violence are made, both the accused as well as the people who are true victims of domestic violence suffer. False accusations are generally made as a means of gaining the upper hand in a divorce or child custody situation or to seek revenge for a perceived offense. Individuals going through a divorce, that want an advantage regarding asset division or child custody, may suddenly produce allegations of domestic violence, leaving the accused little recourse.

Whether you lost your temper and made a one-time bad decision, or were falsely accused of domestic violence, it is extremely important that you speak to an experienced Colorado criminal defense attorney at the earliest possible moment. Colorado has mandatory arrest laws regarding domestic violence, and even when the person who reported the crime decides they no longer want to pursue the case, that is no guarantee the domestic violence case will be dropped.  If a TRO has been issued against you, you may be unable to return to your home, even to gather your belongings, and may be unable to visit your children. If convicted of domestic violence, the division of assets, spousal support and child custody in your divorce can all be negatively impacted.

How Your Boulder Criminal Defense Attorney Can Help

There are many ways an experienced Boulder criminal defense attorney can help you through this difficult time. First, your attorney may be able to successfully argue that the alleged act did not constitute the definition of domestic violence under the law, and a judge may dismiss your domestic violence case. It could well be that you were acting in self-defense, in which case, this could be a valid defense as well. In the event no dismissal of your charges is possible, your attorney will zealously conduct discovery prior to your trial including gathering:

  • Copies of medical records and reports regarding the alleged injuries the plaintiff claims to have suffered
  • Witnesses who can testify on your behalf
  • The police report and the written statement filled out by the alleged victim
  • The transcript of the TRO hearing
  • Any other information which could prove your innocence or have your charges dismissed

Don’t try to go through this difficult time alone; having a knowledgeable Denver criminal defense attorney by your side can make the difference in your divorce—and your future.

Contact Our Boulder Domestic Violence Lawyers

steven-louth-logo.pngThose accused of domestic violence should never attempt to defend themselves. Instead, it is imperative that you contact a skilled Boulder criminal defense attorney to present the strongest defense possible for you.

If you have been arrested and charged with domestic violence in Denver, Aurora, Boulder, or anywhere in Colorado, contact the Boulder criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303) 422-2297 to start building a solid defense against these serious criminal charges

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