Colorado Domestic Violence Defense Attorney, Steven Louth
Data indicates that, over one-third of all women and one-quarter of all men in the United States have experienced some type of domestic violence. But what exactly does or does not constitute domestic violence? What happens if a partner accuses another partner and later wishes to withdraw the charges?
Defining Domestic Violence
It is a common misconception that domestic violence charges must indicate violence. In Colorado, that is not always the case. Domestic Violence is more accurately defined as an act or threatened act of violence upon someone with whom the accused had an intimate relationship. This includes any crime intended to coerce, control, punish, intimidate, or seek revenge against an intimate partner. Violence does not have to occur.
Mandatory Arrest Laws
In the State of Colorado, if police officers are given probable cause at the scene of a suspected act of domestic violence, the suspect must be arrested immediately. This is a mandatory arrest law. Additionally, the suspect will be booked into jail and not given a bond until the alleged victim has been given knowledge of the bond hearing and allowed the right to speak.
Dropped Domestic Violence Charges
In Colorado, all crimes are said to be an assault on the peace and dignity of the state. Therefore, regardless of the reason, an alleged victim may not drop the domestic violence charges – only the prosecuting district attorney may decide whether to move forward with the case or not. This means that even if your spouse or domestic partner wishes to reconcile or even admits to fabricating the accusations, you may still face criminal charges.
Implications of a Domestic Violence Conviction
If you are convicted of violating Colorado domestic violence law, you face serious penalties and consequences—some of which can last a lifetime. Federal law prohibits anyone convicted of a Domestic Violence charge from owning a firearm for the remainder of his or her lifetime. Additionally, a defendant must complete a treatment program and evaluation process. Most likely this program will consist of a minimum of 36 one-hour sessions over the course of 36 weeks. In-home detention, or Electronic Home Monitoring is normally available as a condition of probation. The only way a domestic violence defendant would qualify for in-home detention is if they do not live with the victim.
Contact Our Boulder Domestic Violence Lawyers
Those 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 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 or click here to start building a solid defense against these serious criminal charges.