Domestic Violence Attorneys
Relationships can be difficult. If your relationship with your significant other or spouse has taken a turn for the worse, you might be facing a domestic violence charge. You’ll need a skilled and experienced defense attorney to help you move through Colorado’s complex domestic violence prosecution system.
Defining the Crime
Under Colorado law, an act or the threat of an act of violence on a person with whom the accused has an “intimate” relationship might be considered the crime of domestic violence. CRS §18-6-8003, et seq. “Intimate relationships” include current or past spouses, current or past unmarried couples or people who co-parent a child together.
How the Criminal System Responds to Domestic Violence
In these cases, Colorado has a mandatory arrest requirement, meaning that when the police arrive at a residence to evaluate whether domestic violence concern has occurred and determine that they have “probable cause” that it did, they must make an arrest. Consequently, even minor squabbles are often escalated into a much more serious case.
The arrest itself has an immediate and serious impact on the alleged offender:
- They will be taken to jail and booked as a suspect
- They may remain in jail until a judge sets a bond value
- Even if the alleged victim doesn’t press charges, the case can still be criminally prosecuted. Once the police make the arrest, the criminal case becomes the work of the District Attorney’s office.
Causes of Confusion
At the Time of the Arrest
Because of the intimate nature of the relationship, sometimes it is difficult to determine the identity of the aggressor in a domestic violence situation. Long-standing cultural beliefs often create a bias that the male is the aggressor, even if he was acting in self-defense or was the actual victim. Because these occurrences are usually highly emotional, the police can be misdirected regarding who was actually attacking whom.
During the Investigation
If a case moves toward prosecution, then the police and investigators must collect evidence to prove the crime. They will go through the “crime scene” to identify any information that may show what actually happened at the time of arrest. And sometimes, the evidence collection, recording or storage process goes wrong.
Defenses to Domestic Violence
To achieve a conviction, the prosecution must prove “beyond a reasonable doubt” that the accused committed the crime. The job of the experienced domestic violence defense attorney is to find and present those reasonable doubts to reduce the potential charges, and ultimately eliminate them. Call the Criminal Defense practice at Pollart Miller today and get the results you deserve!