Domestic Violence Lawyers In Colorado
Every law enforcement officer dreads one dispatch call more than nearly any other – attending a domestic violence dispute. Rarely do things end well, and in Colorado it nearly always means arrest and mandatory prosecution. When you need a Colorado domestic violence attorney to represent you, look no further than Family Lawyers Colorado Springs.
Colorado domestic violence lawyer
Colorado is known for having some of the toughest and often least flexible domestic violence statues in the nation. They put teeth into the law to protect and hopefully avert the ever-increasing incidents of a spouse, domestic partner, estranged party, or family member being abused, violated, harassed, threatened, or stalked. Unlike many states, Colorado does not require actual physical contact. The abuse can include shattering the windows in the victims car, punching holes through walls, burning personal effects, harassment via text or telephone, or many other means of making the safety and well being of a person open to fear for their safety and life.
Our state law is also much broader in terms of what parties fit the definition of victim in domestic abuse. A party having “intimate contact”, proximity rather than sexual contact, defines the domestic part of the charge. It can be your girl or boy friend, wife or husband, but also includes roommates, estranged, family members, a party you have a child with but never have lived with, and others.
When the police are called due to an altercation, almost always the perpetrator is arrested due to compulsory prosecution for domestic violence charges in Colorado. Nearly every time this happens, there is also an automatic restraining order issued by the court. That restraining order means that in a married dispute, the arrested party cannot return to the home. Restraining orders are very stringent and serious in Colorado, and violation of them means arrest and a felony charge added to the domestic violence charge. If you find yourself in trouble with the law over a domestic violence charge, it is highly recommended you honor your Miranda rights, stay quiet, and contact a Colorado Springs domestic violence attorney immediately.
Colorado Child Custody laws
Domestic violence charges follow the perpetrator and can affect gun ownership, employment, custody agreements, and many other things. Even if the victim asks to drop charges later when things might be settled down, the DA usually will not drop the charges. This also means that the victim does not have to appear in court for the hearing to proceed. Statements to police at the time of the event, eye witnesses, evidence the police find, statements to professionals if the victim seeks medical attention, and many other forms of corroboration are admissible to substantiate and get a conviction. And if children witness the domestic violence an entire other area of charges and concerns are raised.
Actual physical contact or harm to the victim is not the boundaries in Colorado. Any good domestic violence attorney in Colorado Springs will carefully explain that yes, smashing windows out of the intended vehicle, punching out walls, destroying personal effects, and many other things classify as domestic violence in Colorado. The charges will usually stick, too.
Even with compulsory restraining orders resulting from domestic violence arrests and charges, sometimes you need to know how to get a restraining order in Colorado Springs. Colorado has three types, a temporary, a permanent, and an emergency protection order. There are two court channels for these, one civil, one criminal. The criminal order is the mandatory one issued by a judge against someone arrested for domestic violence when the judge feels it is the best interest to protect the victim and keep the arrested away from them after bond. A civil protective order can be filed by an individual with the court prior to any actual domestic violence incident. While it does not require an attorney handle it, the civil protective orders stand a far greater chance of approval if submitted by a qualified Colorado domestic violence lawyer familiar with the procedure and requirements, as well as enforcement, of the order.