Facing a Domestic Violence Charge?
Have you or someone you know been charged with a domestic violence crime? Then there are some things you need to do right now.
Sit down and be quiet
Tempers and emotions are probably running hot right now. You have the right to remain silent and you should. This is a troubling and highly emotional time. Often things that are said in the heat of the moment are exaggerated and can end up hurting your case. It is best to fight the urge to plead with your accuser or the authorities and insist on your innocence. At the same time, you don’t want to end up confessing to a crime that you may or may not be guilty of out of fear, emotion or misplaced guilt.
The nature of domestic violence cases means you are being accused by someone with whom you have had or still have a very close or intimate relationship. This only adds to the emotional aspect.
The statute defines an intimate relationship as follows
“Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
Get help right away
It is important to seek legal counsel as soon as possible. Domestic Violence cases are very serious and come with many mandatory punishments in Colorado. It is important to find a qualified domestic violence attorney right away. You will need someone who can navigate the system, knows the law and can be your advocate when everything seems to be crashing around you. You also want to capture your side of the story before your memory fades and the facts get confused.
According to the Colorado statute C.R.S. § 18-6-800.3:
“Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship."Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, 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.
If you are accused of or arrested on a domestic violence charge it is important to realize that the law is very specific and clear about the process and procedures leaving little discretion for law enforcement even if the case against you appears to be weak. For example, when a person in Colorado Springs is arrested or charged with domestic violence that person must remain in jail until they appear before a judge. This can take some time. It is also important to understand that even if the alleged victim wants to drop the charges, only the DA who is prosecuting the case can make the call about whether the case goes forward or not.
Hiring an experienced domestic violence attorney is your best chance. An experienced attorney will be able to give you the best advice and can immediately begin working on a proper defense for your case. Look for a specialized domestic violence attorney who has been through this situation before.