Reports of domestic violence are on the rise in Denver, especially since public health restrictions related to the COVID-19 pandemic are being lifted. However, that doesn’t mean that they are all legitimate. One of the most common motivations for reporting domestic violence is setting up a spouse or significant other for a mandatory arrest.
If you have been charged or falsely accused of domestic violence in Denver, contact the Bendinelli Law Firm. We will review your case and discuss your legal options in a free consultation.
Why Choose Our Denver Domestic Violence Lawyer?
Colorado defines domestic violence in C.R.S. 18-6-800.3(1) as any “act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” A person may also be charged with domestic violence if the violent act was against another person’s personal property or animal.
Domestic violence is not a separate criminal offense but can be attached to nearly any other crime. For instance, if an individual is suspected of another crime such as assault, then they could be charged with domestic violence as well.
An intimate relationship can be “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Allegations of domestic assault are handled differently compared to other criminal accusations in Denver. Whenever the police are called out on a domestic violence charge, an arrest is mandatory if there is the slightest probable cause. The accused will go to jail and cannot post bond until the alleged victim is informed and allowed to be heard. A mandatory restraining order will also be entered, which means there cannot be any contact with the named victim(s) until it is lifted.
A victim cannot simply “drop” the charges or withdraw their accusation. The state can choose to prosecute regardless of what the alleged victim wants. If the case makes it to court, domestic violence victims have the right to speak at sentencing hearings and must be informed of when a defendant will be released.
The punishment for domestic violence can vary from case to case. However, a conviction can mean jail time, fines, mandatory counseling, and losing the right to own a firearm.
A domestic assault charge can have a significant impact on your life. If you have been wrongfully charged, ensure you have the representation you deserve. Call 1-800-ATTORNEY to schedule a free consultation with our Denver criminal defense attorneys.