The Strict Colorado Domestic Violence Law
Colorado has some of the strictest laws relating to Domestic Violence out of all the states in the U.S. Unlike other crimes, the police have unique powers to investigate a cause of Domestic Abuse, which may include not having a warrant to search your house in case of a complaint. In addition, an emergency call to 911 can be made by any party including the neighbors. Further, Colorado has very powerful laws protecting the innocent and keeping the peace when it comes to domestic disputes. Often we find that Civil Protection Orders and the filing of a Divorce are simultaneous.
The police are, in fact, obliged to make an arrest once a complaint has been made. According to Colorado Domestic Violence Law, bail cannot be obtained unless a hearing before a magistrate takes place. If accused of Domestic Violence, you may find that you are held over the weekend.
Once released, you will be placed under a restrictive order that will prohibit you from going near the other party. You will be required to stay within a specified distance of the person you have been accused of harassing or abusing as more fully explained below. This is called a Civil Protection Order. You will also not be allowed to call, write, or contact the person in any way.
Even accidental violation of the protection order such as walking past the person in a mall is considered to be deliberate and you will be put in jail almost immediately. This is frequently used by aggrieved spouses out for revenge. In order to effectively defend yourself against a charge of Domestic Abuse, you must immediately retain an experienced attorney.
The Elements Of Domestic Violence
According to Colorado Law, a charge of Domestic Violence is placed on a person if one partner threatens or actually carries out an act of violence against a present or former intimate partner. The term "intimate partner" applies to both married and unmarried couples or parents of the same child. However, the law also classifies as Domestic Violence an act against the partner's property or pet that is seen to be used as a means to threaten and coerce the victim.
Penalties For Domestic Violence
Colorado law makes life very difficult for those accused of Domestic Violence. The law prohibits plea bargaining to any charge that doesn't specifically include Domestic Violence.
If, during the duration of a protection order, you are found to carry any dangerous weapons even if they are collector's items, you may end up suffering the consequences by serving jail time.
The best defense against a charge of Domestic Violence is to plead "Not Guilty" with the help of your lawyer. If you plead "guilty," you will be placed on the registry and the charge will show up whenever anyone does a background check on you. This will be for life and requires extraordinary measures to get it removed.
Hiring A Clawson & Clawson, LLP, Attorney
At Clawson & Clawson, LLP, we understand the minefield of Domestic Violence only too well. Our team of attorneys has a lot of experience clearing the names of those who have been unfairly charged with this offense. It is important not to waste any time before calling us so that we have the situation under control right from the beginning. Remember, Colorado doesn't go easy on those charged with Domestic Violence. You need the most professional and competent help you can get. And we're here to give it to you.
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