FAQs about Domestic Violence Defense

Insight from a Denver domestic violence defense lawyer

If you have questions about domestic violence charges in Colorado or are wondering what to do following an arrest, this page may have the answer you’re seeking. If you didn’t find what you’re looking for, set up a free consultation to speak with Denver defense attorney Richard Huttner.

What does the law define as domestic violence?

Colorado law defines domestic violence as an act or threatened act of some type of violence against a person with whom the defendant is in a domestic or intimate relationship.

This includes spouses (and former spouses), children, roommates, partners, girlfriends, boyfriends, etc. The crime can also be committed against their property, not just their person. Stalking, trespassing, harassment, assault, abuse, and threats of any of these actions may be defined as domestic violence.

What if I’ve been falsely accused?

It is not uncommon for accusations of domestic to be flung out under false pretenses. In some cases, a spouse may be seeking revenge, may be hoping to get a better custody or child support deal, or may be frustrated in the moment.

Other cases can involve inaccurate information, the other party trying to cover up something they did, or even simple miscommunications.

If you have been falsely accused, it is just as important for you to retain counsel for your case. You need a defense that can prove your innocence regardless of your situation.

What does a restraining order do?

The restraining orders will mandate that you do not harass any potential witnesses in the case including the accuser.

The specifics of a restraining order will depend on the exact circumstances of your domestic violence cases. All domestic violence cases will involve a restraining order of some type because the charges are brought by the state.

A restraining order may require that you leave the home you share with the alleged victim. It may also restrict you from having any physical or verbal contact with them (including phone calls, texts, and emails).

On top of that, a restraining order will likely prohibit you from having any guns, weapons, and ammunition in your possession and may restrict you from consuming or keeping alcohol. Various other stipulations can be added for unique cases. If you violate the protection order, you face additional charges.

Can my accuser drop the charges if they change their mind?

Unfortunately, no.

Once the state takes on a case, it is in their power to decide whether to move forward with the charges, not the accusers. This means even if your accuser tries to take back their accusations or statements against you, the prosecution gets to decide whether you will stand in front of a court of law and be tried for domestic violence.

Will I go to jail for a conviction?

It is possible.

While a first domestic violence conviction that doesn’t involve any serious violence (such as injuries or death) typically only brings two years of probation, if there are aggravating factors, jail time is an absolute possibility. A second and third offense will much more likely involve some time in county jail or even prison depending on the specific circumstances. That is why it is so crucial you have a defense lawyer by your side.

Are There Defenses to Domestic Violence?

Yes.

Depending on your case, you may be able to use a number of different defenses. When you retain a Denver domestic violence defense lawyer, they can review the details of your charges and the incidents that led up to them to ensure you have the best possible case. From self-defense to malicious or false accusations, an attorney can work with the smallest of details to build your defense strategy. The sooner you talk with a legal professional, the sooner they can work on crafting a personalized stance.

 

I am charged with felony second degree assault for strangulation, Will I go to prison?

Prosecutors throughout Colorado are charging second degree assault strangulation where there is any sign or claim of placing hands around the throat.   Innocent pushing the person away can be interpreted as strangulation.  Any impairment of breathing can be considered strangulation.  These cases are complex and serious as there is a strong possibility of jail and/or prison time.  Hiring an experienced criminal defense attorney is a must.  The State has an attorney.  You should too.

 

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