Dealing with a domestic violence accusation can be overwhelming. Domestic violence cases carry significant consequences, so seeking guidance from a Denver domestic violence lawyer at the Law Offices of Steven J. Pisani can make a difference.
Our team is here to help you navigate the legal process and work toward the best possible outcome.
Introduction to Domestic Violence Cases
Domestic violence cases involve complex legal issues that impact families and individuals. In Colorado, domestic violence isn’t a standalone crime but an enhancer tied to other offenses, like assault or harassment, when committed against someone in an intimate relationship. A conviction can result in jail time, fines, restraining orders, and long-term effects on your life.
Frequently Asked Questions
Domestic violence laws and their implications can be confusing. Below, we answer some of the most common questions about these cases. If you need personalized guidance, a domestic violence lawyer in Denver, CO, can provide tailored advice.
What Constitutes Domestic Violence in Colorado?
Under Colorado law, domestic violence includes acts of violence or threats made against a spouse, former spouse, partner, or co-parent. It also includes crimes committed to coerce, punish, or control an intimate partner.
Examples include:
- Physical assault (hitting, punching, or shoving).
- Threats of harm or harassment.
- Stalking or monitoring a partner’s movements.
What Are the Penalties for a Domestic Violence Conviction?
Penalties for domestic violence vary depending on the charges but may include:
- Jail or prison time.
- Court-ordered fines and fees.
- Mandatory counseling or anger management programs.
- Restraining orders limiting contact with the accuser.
Beyond these, a conviction can affect your job opportunities, housing applications, and even custody arrangements. A Denver criminal defense attorney can explain the penalties and fight to protect your future.
Can I Be Arrested Based on an Allegation Alone?
Yes. Colorado has mandatory arrest laws in domestic violence cases, meaning law enforcement officers must arrest someone if they have probable cause to believe domestic violence occurred. This applies even if the accuser later changes their story.
If you are arrested, contacting a domestic abuse attorney near me immediately is crucial to begin building your defense.
What Should I Do If I Am Accused of Domestic Violence?
If you’re accused, follow these steps:
- Do not contact the accuser under any circumstances.
- Avoid discussing your case with anyone except your attorney.
- Reach out to a Denver domestic violence lawyer as soon as possible to develop a legal strategy.
Can I Fight a Restraining Order?
Yes. Restraining orders are common in domestic violence cases, but they can be challenged. Your attorney can help you contest the order by presenting evidence or negotiating modifications that align with your needs.
How Does Colorado Define Self-Defense in Domestic Violence Cases?
Colorado law allows individuals to use reasonable force to protect themselves if they believe they’re in imminent danger. To prove self-defense, you’ll need evidence, such as injuries or witness statements.
Will a Domestic Violence Charge Affect My Gun Rights?
Yes. Both federal and state laws restrict firearm ownership for individuals convicted of domestic violence offenses. Even if the case is still pending, temporary restrictions may apply.
Can the Alleged Victim drop Domestic Violence Charges?
No, the decision to drop charges lies with the prosecutor, not the alleged victim. Prosecutors may continue the case even if the accuser wants to withdraw their claim. Factors such as evidence and prior history often influence their decision.
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What Evidence Is Used in Domestic Violence Cases?
Common evidence includes:
- Police reports and witness statements.
- Photos of injuries or property damage.
- Medical records documenting harm.
Collecting and presenting strong evidence is key to building your defense. A domestic violence lawyer in Denver, CO, can assist.
Can a Conviction Be Expunged or Sealed?
In Colorado, domestic violence convictions typically cannot be expunged or sealed. However, some deferred judgments may offer limited options.
What Are the Long-Term Consequences of a Domestic Violence Conviction?
A conviction can lead to:
- Difficulty finding housing or employment.
- Damage to your personal relationships and reputation.
- Immigration consequences, such as deportation for non-citizens.
Can I Get Custody of My Children After a Domestic Violence Allegation?
Accusations of domestic violence can impact custody cases, but they don’t automatically disqualify you. To prove your fitness as a parent, you’ll need to show evidence of stability and address the allegations with the court’s help. A Denver domestic violence attorney can advocate for your parental rights.
Can Domestic Violence Accusations Be False? What Happens Then?
False accusations do happen and can have severe consequences. If you’re falsely accused, your lawyer can present evidence disproving the claims, such as alibi witnesses or communication records. Legal action may also be taken against the accuser for defamation or malicious prosecution.
What Is the Role of a Domestic Violence Lawyer?
A Denver criminal defense attorney works to:
- Investigate the allegations.
- Build a strong defense strategy.
- Negotiate plea deals or seek dismissal of charges.
- Represent you in court if necessary.
Their goal is to minimize the impact of the charges on your life and protect your rights.
What Are My Legal Rights If I’m Arrested for Domestic Violence?
You have the right to remain silent and to have an attorney present during questioning. Avoid making statements to the police without legal counsel, as these could be used against you. A domestic abuse attorney near me can ensure your rights are upheld throughout the process.
Can Past Incidents Be Used Against Me?
Yes, prior allegations or convictions may be introduced in court to establish a pattern of behavior. However, your lawyer can challenge their relevance or accuracy.
What Happens If I Violate a Restraining Order?
Violating a restraining order is a separate criminal offense that can lead to additional penalties, including jail time and fines. To avoid further complications, it’s important to strictly follow the court’s terms.
What Are the Steps in a Domestic Violence Case?
A typical case progresses through these stages:
- Arrest: Police take the accused into custody.
- Arraignment: Formal charges are presented in court.
- Plea Bargaining: Negotiations may resolve the case without trial.
- Trial: Evidence is presented, and a verdict is reached.
- Sentencing: If convicted, penalties are determined.
Your attorney will guide you through each step, ensuring you’re informed and prepared.
How Soon Should I Contact a Lawyer After Being Accused?
Immediately. Delays can weaken your defense or lead to missed opportunities to contest the charges early. Contact the best domestic violence lawyer in Denver for assistance right away.
Why Work With Our Denver Domestic Violence Lawyer?
At the Law Offices of Steven J. Pisani, we understand the serious consequences domestic violence cases bring. Our team has experience defending clients and creating strategies tailored to their situations. Whether you’re facing allegations or protecting your rights as a victim, we’re committed to helping you.
Contact Our Denver Domestic Violence Lawyer
If you or someone you know is dealing with a domestic violence case, don’t wait to take action. Call our team today to schedule a consultation with our Denver domestic violence attorney at the Law Offices of Steven J. Pisani. We’re ready to listen and provide the support you need.
