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Domestic Violence

Those charged with Domestic Violence in Colorado often feel like they are being steamrolled by an overwhelming legal system.  The Domestic Violence laws in Colorado are set up in such a way that it seems like law enforcement arrests and charges the crime first, and asks questions later, leaving you to wonder if you will ever get to tell your side of the story.  The attorneys at Deere Law, LLC fight for you and with you to make sure that your rights are defended, and your story is told.

In Colorado, police officers are required to immediately arrest a person accused of Domestic Violence if there is probable cause that such a crime has been committed.  Furthermore, the law requires the accused to remain in jail without bond until the accusing victim has been given a right to be heard at the bond hearing.  In other words, if you are accused of Domestic Violence in Colorado and the officer believes that you may have done the crime, you are going to jail, and you are going to stay there until you talk to a judge.  Period.

A History of Domestic Violence = A Possible Felony

While most Domestic Violence cases are charged as misdemeanors in Colorado, repeat offenders may see their misdemeanor charge raised to a Class 5 felony with potential sentences of 1 to 3 years.  Specifically, a person with three previous domestic violence convictions risks being classified as a “habitual domestic violence offender”, thus making any further convictions subject to a felony classification.

The prosecution can proceed with the case even if the victim does not want them to.

Often times the accusing party in a Domestic Violence case makes the accusation, but then later changes his or her mind and wishes to “drop” the charges.  In Colorado, this does not necessarily mean that the case will be dropped.  The prosecuting attorney makes an independent determination as to whether or not to move forward with the case, regardless of whether the victim wants to pursue it.

Mandatory Restraining Order

In almost every Domestic Violence case, a restraining order is automatically entered against the accused party.  This order generally prevents the accused party from going anywhere near the alleged victim’s home, work, school, etc., even if the accused party lives with the alleged victim.  If proper procedures are taken, the accused party may eventually have the opportunity to present his/her case and have the restraining order removed.

Domestic Violence Classes and Treatment Programs

One of the consequences of a Domestic Violence conviction in Colorado is a mandatory DV treatment program, including an evaluation by a professional authorized by the state.  These evaluations often result in the accused having to take (and pay for) weekly classes for nine months

Domestic Violence convictions can impact your right to possess a firearm.

Under federal law, those convicted of Domestic Violence are absolutely prohibited from possessing a firearm.  If the Domestic Violence charge is a felony, then the accused is permanently prohibited for life.

Domestic Violence cases can be complicated with significant consequences, and should be discussed thoroughly with an attorney.  Call us today at (719) 347-1199, or email us, to find out why Domestic Violence attorney Josh Deere at Deere Law, LLC has received an AV Preeminent® Peer Review Rating from Martindale-Hubbell®, the highest an attorney can receive for legal skill and ethics; a Superb, 10 out of 10 rating and a “Client’s Choice” award from Avvo, a national lawyer rating service; and a Colorado Springs’ TOP ATTORNEYS award by Colorado Springs Style Magazine.