What Happens If I Am Charged With An Act Of Domestic Violence?

Colorado domestic violence law creates numerous issues from the moment the police are called.


First, Colorado domestic violence law requires a mandatory arrest in all domestic violence cases. This means that if a Colorado police officer has probable cause to believe that an act of domestic violence has occurred, the officer must arrest the suspect. The officer cannot issue a ticket or a warning.  At least one suspect must be taken to jail, regardless of any other factors or information about the people or the situation that seem deserving of different treatment.


Second, a domestic violence suspect cannot be released from jail until a judge has set a bail bond and issued a "no contact order" (or "restraining order") preventing contact between the domestic violence suspect and the domestic violence victim. Often, these two requirements work together to result in a DV suspect spending the night or even the weekend in jail. If you ever find yourself in a position of knowing that a warrant has issued against you for an act of domestic violence, you should call an experienced Colorado criminal defense attorney immediately.  An knowledgeable Colorado domestic violence attorney can help you deal with an arrest warrant in a way that will allow you to spend the least possible time in the police station or in jail.


Third, the restraining order that issues in all domestic violence cases applies even if the alleged victim is a member of your family. In these cases, you will literally be excluded from your home upon your arrest.  If you have minor children who witnessed the alleged domestic violence incident, those children will likely be included in the restraining order.  A judge will generally consider modifying or removing this restraining order depending upon the circumstances of your relationship with the alleged victim, and after a “cooling off period” has passed.


Fourth, if you are convicted of any act of domestic violence and are sentenced to probation, your probation must include domestic violence treatment. You cannot be successfully terminated from your probation sentence until you have demonstrated that you understand and can apply the “core competency” treatment concepts to your life. You will not be allowed to demonstrate understanding and application of the domestic violence treatment until you have attended a minimum of at least four months of weekly domestic violence treatment classes.

Zachary Malkinson is a dedicated criminal defense lawyer with more than a decade of experience counseling clients through all the hurdles of a Colorado domestic violence case.

I know that the immediate consequences of a Colorado domestic violence arrest are extremely important and need to be promptly addressed. I am ready to begin work on your case immediately, whether this means helping to assure that you spend the shortest possible period of time in jail, helping you modify the domestic violence restraining order and reunite with your family, or explaining the path your case will take through the courts. I also know that a Colorado domestic violence arrest has long-term consequences. I will continue to assist you all the way through the process, working with you to set and reach goals, and protecting your legal rights every step of the way.

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