Colorado Domestic Violence Charges Faq | Wolf Law

Call us today at (303) 625- 9193 for help. The court finds that the defendant's possession of the weapon does not endanger the victim or the victim's children; and. The victim's psychological state. Causing pain is all that is required to cause a bodily injury. Even if there is no finding of any kind of actual violence, evaluation and treatment are mandatory.

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First Time Offender Domestic Violence Charge Colorado State University

Your property or home. It's the job of Miller Leonard to refute all reports, statements, evidence and demeanor of victim to determine if allegations are valid. Then, an arraignment takes place. Domestic violence-related convictions in Colorado municipal court can be sealed after three years. The best thing to do is contact a domestic violence attorney. A second offense also signals a more serious issue with domestic violence. The protection order prevents you from returning home while your case is pending, and possibly afterward, depending on the outcome. First time offender domestic violence charge colorado travel. Even high school students who call themselves boyfriend(s)/girlfriend(s) can be charged with domestic violence. These programs allow people to avoid criminal records by completing certain requirements.

The defendant not commit another offense for the length of the court's sentence. The court may also issue other protective orders to protect alleged victims, such as granting temporary care and control of your children to your spouse or keeping you away from the family home. Once formal charges are entered and you've been taken to county jail, it's important to not self-incriminate by speaking freely to officers or investigators unless you've retained counsel. Colorado Domestic Violence Charges Are Serious Business. For this to occur, the defendant can't have any new charges during those three years.

First Time Offender Domestic Violence Charge Colorado Springs

A "DV" designation cannot be removed or plea bargained away "unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the criminal offense. In all too many of these cases, the sad truth is that many people are inclined to believe the worst. Your side of the story matters to us. Many domestic violence accusations are false. I Did It, But the Victim Won't Cooperate or Testify. The Gravity of the offense; The Defendant's criminal history; The Degree of danger the defendant poses to the community or victims; The Likelihood of future criminality; The Prospects for rehabilitation of the offender; The Character of the defendant; Whether the sentence will depreciate the seriousness of the offense if a less drastic option for sentencing was chosen; The Impact of the sentence on the community; The Goals of punishment and deterrence; The Age of the defendant; and. This means that under Colorado law, El Paso County Prosecutors can present evidence that earlier convictions for such offenses as disturbing the peace or assault "included an act of domestic violence, " even if juries in those previous cases did not come to the same conclusion. Colorado First Time Offender Domestic Violence Charge. A domestic violence attorney can be a source of support in a challenging period in your life. You Can Lose Your Children and Your Right to Make Decisions Regarding Them. Child Endangerment or Child Abuse – When a child is involved in a domestic violence dispute or close to an area where there is violence against another. First-Time Domestic Violence Penalties. She tries to tell the police that she "fell. " Suspected offenders will be taken to jail and will remain there until a judge sets a bond amount.

Weapons include hunting equipment such as bows and arrows. While there are many kinds of domestic violence cases, most fit into one of five categories. You have lots of choices of excellent attorneys in El Paso County. How is domestic violence defined in Colorado? What happens to first-time domestic violence offenders. Sexual assault or bodily harm occurred to a minor. If the pre-sentence investigation report or other information is presented to the Court and the Court is concerned there is nothing in the probation statute or sentencing statutes that forbids the Court from ordering a defendant to comply with an evaluation and treatment.

First Time Offender Domestic Violence Charge Colorado Travel

This means you don't actually have to be convicted for the allegation to impact your rights as a parent. The procedure is called civil standby or civil assist, and it allows you to collect essentials while being accompanied and monitored by a law enforcement officer. After your arrest, El Paso and Teller County prosecutors decide if they will charge you with domestic violence. Generally, the time limit for a civil standby is 15 to 30 minutes. First time offender domestic violence charge colorado state university. If a defendant agrees to waive the right to a jury trial finding on the existence of facts that may be used as aggravating sentence factors, the Court must make sure that the waiver was a knowing, voluntary, and intelligent waiver of the right to a jury trial finding. Misdemeanor criminal defense lawyer Peakstone Law Group and our office represent people in Colorado Springs, El Paso County, Teller County, Pueblo, and the surrounding area. Under C. 14-10-124 (1.

Confusion The alleged victim or a witness could have misinterpreted an action you took. Penalties for Multiple Acts of Domestic Violence. Your lawyer can help you decide what is needed. Don't talk to anyone about the events that resulted in you being charged. Domestic violence includes physical violence (e. First time offender domestic violence charge colorado springs. g., hitting, pushing), emotional and verbal abuse (e. g., yelling, intimidating, sending harassing texts), and sexual violence (e. g., forcing a person to engage in an unwanted sex act).

Follow the rules of the domestic violence protection order. Generally, there are four types of sentences that the Court can give an offender: 1. A Domestic Violence Designation is a Sentence Enhancer to the Underlying Criminal Offense. According to the Colorado revised statute, "domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship…". The length of probation is not controlled by the minimum or maximum terms of imprisonment. You may also need to perform community service and pay hefty fines. Bring such things to the probation department and to the sentencing hearing. In instances where they deny any criminal conduct occurred, there is a presumption that they must be covering for their abuser. Whenever anyone is accused of a crime (no matter how big or small) against an alleged victim who is or has been involved in an intimate relationship with the accused, a domestic violence designation attaches to the offense simply because of that relationship under C. 3. Fines You are required to pay fines, including the court fees and the actual cost of your own probation. Presuming charges are substantiated, a client may opt to enter an agreement to plead guilty in exchange for reduced sentencing (called a 'plea bargain'). But if you were reacting to something someone else did or threatened to do to you, your attorney can help you prove your actions were in self-defense. Colorado Springs domestic violence lawyer Peakstone Law Group takes pride in providing experienced, aggressive, and responsive legal representation in cases throughout El Paso County and much of the surrounding area. Getting charged with a DV means you have probably spent the night in jail and are prevented from going home for seven days or more.

You will likely be ordered to have no contact with the alleged victim of your charges for seven days or more. Colorado allows prosecutors a certain amount of discretion as to whether they pursue domestic violence charges as misdemeanors or felonies. If a defendant is terminated from a community corrections placement, the Court should view the termination seriously and not merely that it is a "technical" violation. This is the highest standard under the law and even higher than the standard to remove your children from your home. This charge is typically a misdemeanor and is not severe enough to warrant a felony. The police are called and observe that she is drunk and bleeding. If alcohol or substances contributed to your decisions, stop drinking alcohol or using substances and get treatment. Probation, the terms of which will vary based on the offense, jurisdiction and other sentencing terms. Defendants application for probation: C. §18-1. Not only does physical or emotional abuse constitute domestic violence in Colorado, but retaliating against an individual by destroying property can be charged as domestic violence.

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