Due to today’s misconstrued versions of domestic violence altercations portrayed in tv shows and movies, many do not have an accurate understanding of how domestic violence cases are treated by law enforcement. Many individuals believe that they can simply have any domestic violence charges dismissed as long as they say they don’t want to press charges. However, Colorado laws have been put into place to ensure that victims of domestic violence are protected, especially those who are vulnerable and cannot defend themselves.
There is an ample amount of evidence that proves that abusers can physically, emotionally, and financially manipulate their victims into staying with them or denying any abuse occurred in the first place. Therefore, when Colorado law enforcement officers respond to a domestic dispute call, they must assess the situation and keep the victim's safety at the forefront of their minds. In some situations, law enforcement’s assessment of the situation will result in a mandatory arrest for domestic violence. Mandatory arrests related to domestic violence were enacted to deescalate any potentially volatile situations, as well as prevent any damage or injuries from occurring.
When an individual is mandatorily arrested for domestic violence, law enforcement officers do not take these decisions lightly. In some cases, arrests aren’t always warranted. Therefore, it is important for individuals to know the laws and stipulations surrounding mandatory arrests in domestic violence cases in Colorado. It’s also important for them to know the repercussions of being arrested for domestic violence in Colorado. This knowledge will give an individual the best chance at preventing any future mandatory arrests from occurring. Contacting an experienced Colorado domestic violence attorney will give those who have been arrested mandatorily for domestic violence the best chance at having their charges dropped.
What’s Considered Domestic Violence In Colorado?
Colorado Revised Statute 18-6-800.3(1) defines domestic violence as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship… [and] also includes any other crime against a person, or property,... when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.” There are three main categories that acts of domestic violence may fall under.
- Physical - Physical domestic violence is the easiest type of domestic violence to identify. Physical acts of domestic violence can include hitting, shoving, choking, and any other physical act directed toward a spouse or intimate relationship partner. In some instances, physical violence or abuse can also include the abuser preventing the victim from receiving medical treatment.
- Verbal - Verbal violence and abuse can occur in the form of either name-calling, threats, or unwanted and repeated communications. Even though they are not physical acts, verbal violence can have a severe impact on an individual's mental health and self-esteem. It is also the most used way for abusers to prevent their victims from reporting their abuse or removing themselves from the situation.
- Sexual - When sexual violence is involved in domestic violence situations, it is also often charged as a sexual offense. Sexual violence or abuse can involve forcing a person to commit sexual acts against their will.
When Are Police Required To Arrest Someone For Domestic Violence?
Colorado Revised Statute 18-6-803.6 was enacted in 1994 as a mandatory arrest law for any cases involving domestic violence. The law states that if law enforcement is called to or becomes aware of a domestic dispute, they must assess the situation for signs of violence or any threatened violence. They must have probable cause to believe that this violence or threatened violence has occurred between individuals that are in an intimate relationship. If these criteria are met, law enforcement is required to arrest at least one of the individuals involved in the domestic dispute.
Law enforcement officers are not limited to arresting only one individual. If there is a physical fight and both individuals have bruises or other visible injuries then law enforcement is permitted to arrest both of them. It does not matter who instigated or started the fight, or if one individual was trying to protect themselves.
No Contact Orders For Domestic Violence Arrests
Domestic violence no contact orders are commonly imposed in Colorado criminal domestic violence cases in connection with the defendant’s release from jail, which is usually as a condition of bond, including a personal recognizance bond. As a result of this order, there are two possible punishments:
- Contempt of court proceedings
- Additional charges
This is known to defense lawyers as “VOR”, or violation of a restraining order.
As a result of a no-contact order, all forms of contact with the alleged victim are prohibited, whether they are direct or indirect ( through a third party). Criminal and juvenile cases are automatically subject to a no-contact order. No contact orders are imposed at the first consultation, or first court appearance and remain in effect until the final disposition of the case. The no-contact order prohibits the accused from harassing, molesting, intimidating, retaliating against, or tampering with witnesses or victims.
There may be occasions when the court or judge orders a no-contact order between the parties because the victim claims they are still in fear of the accused or in danger. It is not uncommon for the court to impose a no-contact order based on the facts and circumstances surrounding the charges, even if the alleged victim does not want one. Colorado law is consistent with the use of domestic violence tags on charges which identify victims as those with whom the accused has had an intimate relationship. No contact orders are frequently placed even when the alleged victim has not provided direct feedback or made a specific request for one.
A Colorado Domestic Violence Attorney Can Help With Mandatory Arrests For Domestic Violence
If you hire a Colorado domestic violence attorney, they will guide you through the events leading up to your arrest, the nature of the dispute between you and your partner, your statements to the officer who was called, the events of the arrest, and any advice that you should follow. A variety of defenses or motions to suppress evidence may be available to you. An argument can sometimes lead to an exaggeration of what occurred between you and your partner, or spouse, which may result in your arrest. It is possible to mount a successful defense by demonstrating that exaggerations were made.
However, even if the facts do not support your case, you still need to consider how to defend yourself and make sure you are never put in such a position in the future. A dedicated domestic violence attorney will advise you on steps to take to show that you are trying to better yourself and your relationship. Following this advice and completing any recommended classes will give you the best chance at either having your domestic violence charges reduced, or even dropped.
