Frequently Asked Questions About Domestic Violence Cases in

Domestic violence is a serious issue that impacts individuals and families across Denver and beyond. Understanding the legal process, rights, and options available to those involved in domestic violence cases is crucial for both victims and the accused. This article answers some of the most frequently asked questions about domestic violence cases in Denver, providing insights into what to expect and how to navigate these challenging situations.

Domestic violence in Denver is defined broadly under Colorado law. It includes any act or threatened act of violence upon a person with whom the offender is or has been involved in an intimate relationship. It also encompasses any other crime against a person, property, or animal when used as a method of coercion, control, punishment, intimidation, or revenge against someone in an intimate relationship.

An intimate relationship can include current or former spouses, partners, individuals who share a child, or those who are currently or previously dating. It is important to note that domestic violence is not limited to physical violence; it can also include emotional abuse, psychological intimidation, financial control, and other forms of abuse.

In Denver, when a person is arrested for domestic violence, they are typically taken into custody immediately. The police have a “mandatory arrest” policy for domestic violence calls, meaning that if they believe a crime has been committed, they must make an arrest. Once arrested, the accused cannot post bail immediately; they must appear before a judge at a bond hearing.

During the bond hearing, the judge will consider factors such as the severity of the alleged offense, the defendant's criminal history, and whether the defendant poses a threat to the alleged victim. The judge may issue a mandatory protection order, prohibiting the accused from contacting the victim. This order remains in effect until the case is resolved or the judge modifies it.

In Denver, domestic violence cases are prosecuted by the State of Colorado, not by the alleged victim. This means that even if a victim wishes to drop charges, they do not have the authority to do so. The prosecutor makes the decision to pursue or dismiss charges based on the evidence and the circumstances surrounding the case.

Victims may express their wishes to the prosecutor, but ultimately, the decision to move forward with prosecution is in the hands of the district attorney. This policy is in place to protect victims from being coerced or intimidated into dropping charges.

The penalties for a domestic violence conviction in Denver can vary widely depending on the nature and severity of the offense, the defendant's criminal history, and other factors. Domestic violence itself is not a separate criminal charge; rather, it is a sentencing enhancement that is added to the underlying offense, such as assault, harassment, or stalking.

Potential penalties can include:

● Fines: Monetary penalties can range from several hundred to several thousand dollars.

● Probation: The court may impose probation with conditions such as counseling, community service, and regular check-ins with a probation officer.

● Jail Time: In more severe cases, especially when the defendant has a prior history of domestic violence, the court may impose jail or prison time.

● Mandatory Treatment Programs: Defendants convicted of domestic violence are often required to complete a domestic violence treatment program, such as the Domestic Violence Offender Management Board (DVOMB) program.

A mandatory protection order (MPO) is issued in every domestic violence case in Denver. This order typically prohibits the defendant from having any contact with the alleged victim, including phone calls, texts, social media, and third-party contact. It may also restrict the defendant from returning to the shared residence or possessing firearms.

Violating an MPO can result in additional criminal charges, including contempt of court or a separate misdemeanor offense. It is essential for anyone accused of domestic violence to understand the terms of the MPO and strictly comply with them.

If you are accused of domestic violence in Denver, it is crucial to take the situation seriously and seek legal counsel immediately. Here are some steps to consider:

● Hire a Domestic Violence Defense Lawyer: An experienced attorney can help you understand your rights, navigate the legal system, and develop a strong defense strategy.

● Comply with Court Orders: Adhere to any mandatory protection orders, attend all court hearings, and follow the advice of your attorney.

● Gather Evidence: Collect any evidence that may help your case, such as text messages, emails, or witness statements that contradict the allegations.

● Stay Calm: Avoid contacting the alleged victim directly, as this could violate a protection order and lead to additional charges.

Victims of domestic violence in Denver have several rights designed to protect them throughout the legal process. These rights include:

● Protection Orders: Victims can request both temporary and permanent protection orders to keep the abuser away.

● Victim Advocacy: Victims have access to advocates who provide support, guidance, and resources throughout the legal process.

● Restitution: Victims may be entitled to restitution for expenses related to the crime, such as medical bills, property damage, or lost wages.

● Privacy: Victims have the right to privacy, and their personal information is generally kept confidential during the legal proceedings.

To obtain a protection order in Denver, a victim of domestic violence can file a petition with the court. There are two types of protection orders: temporary and permanent.

● Temporary Protection Order: A temporary order can be granted immediately and without notice to the abuser. It lasts until a court hearing can be held, typically within 14 days.

● Permanent Protection Order: After a court hearing where both parties can present evidence, the judge may issue a permanent protection order, which can last indefinitely or for a specified period.

Yes, there are numerous resources available to support domestic violence victims in Denver, including shelters, hotlines, counseling services, and legal assistance. Some of the key resources include:

● The Rose Andom Center: Provides comprehensive services, including safety planning, legal assistance, and support groups.

● Colorado Coalition Against Domestic Violence (CCADV): Offers resources and advocacy for victims.

● Denver Police Department Victim Assistance Unit: Provides support and guidance to victims navigating the criminal justice system.

In Colorado, domestic violence convictions are generally not eligible for expungement or sealing. However, there may be exceptions for certain dismissed cases or acquittals. It is best to consult with a knowledgeable attorney who can guide the specifics of your case and whether expungement or sealing is an option.

Domestic violence cases in Denver involve complex legal processes and significant emotional challenges for everyone involved. Whether you are a victim seeking protection or someone accused of domestic violence, understanding your rights, the legal procedures, and available resources is crucial. Consulting with an experienced Denver domestic violence attorney can help you navigate these challenges and ensure your rights are protected throughout the process.