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Domestic Violence Charges in Denvers

Domestic violence charges are taken very seriously in Denver and throughout Colorado. These charges cover a wide range of behaviors, including physical assault, threats, harassment, and stalking.

The state of Colorado defines domestic violence as any act of violence, threat, or control used by one person to maintain power over someone they have an intimate relationship with, such as a spouse, partner, or even a co-parent. It’s important to understand that domestic violence doesn’t always involve physical harm; it can include verbal threats or harassment.

Our Denver domestic violence lawyer at the Law Offices of Steven J. Pisani has extensive experience helping individuals who are accused of domestic violence defend their rights.

Types of Domestic Violence Charges

Domestic violence charges can vary, but some common ones include:

Assault

Assault is when someone causes physical harm or threatens to hurt someone, even if there’s no actual physical contact. Just the threat of harm can be enough to face an assault charge.

Harassment

Harassment involves repeatedly contacting someone in a way that makes them feel upset or uncomfortable. This can include unwanted calls, messages, or other actions that cause distress.

Stalking

Stalking is when someone follows or watches another person, making them feel afraid. It involves repeated behavior that makes the victim feel they’re being tracked or monitored.

If you’re facing any of these charges, it’s important to understand what you’re accused of so you can build a strong defense. Knowing the details of each charge can help you make informed choices about your case.

If you’re facing these charges, it’s essential to understand the specific allegations against you to build a defense strategy.

Legal Definitions and Terminology in Domestic Violence Cases

Legal cases can be overwhelming, especially when they involve complex terms. Here are some key terms to help understand the process:

  • Protective Orders: Orders that restrict someone from contacting or going near the alleged victim.
  • Mandatory Arrests: In Colorado, police must arrest someone if they believe domestic violence occurred.
  • Habitual Offender Status: If someone has multiple domestic violence charges, they may be labeled a habitual offender, which can lead to harsher penalties.

Understanding these terms is crucial because they impact everything from the arrest process to possible penalties. Knowing how these terms apply to your case can also help your Denver domestic violence lawyer prepare a defense.

Colorado’s Mandatory Arrest Law for Domestic Violence Incidents

In Colorado, if the police respond to a domestic violence call, they are legally required to arrest the person they believe is the primary aggressor, even if the alleged victim doesn’t want to press charges.

This mandatory arrest law is meant to protect potential victims but often leads to the immediate detention of the accused.

This policy has significant implications for those accused:

  • Immediate Custody: Even without evidence, the accused is taken into custody.
  • Legal Consequences: Being arrested can negatively impact your record, even if you aren’t ultimately convicted.
  • Emotional Impact: The shock of an arrest can affect family dynamics, especially if children are present.

If you’ve been arrested under this policy, it’s vital to seek legal advice as soon as possible.

Protective Orders and Their Impact on Defendants

When domestic violence charges are filed, a protective order is usually issued. These orders restrict the accused from contacting or being near the alleged victim. There are different types of protective orders:

Emergency Protective Orders

These are short-term orders that usually last only until a court hearing. They’re meant to provide immediate protection for the alleged victim until the judge can review the case more closely.

Permanent Protective Orders

These are longer-lasting orders that may be issued after a court appearance. If the judge believes the protection is needed, this order can last months or even years to keep the accused away from the victim.

Violating a protective order can lead to additional charges and penalties, so it’s essential to understand the restrictions. These orders may impact where you live, your contact with your children, and your ability to go to certain places. Ensuring you follow all protective order terms is critical while your case is ongoing.

Defending Against Domestic Violence Charges: Legal Strategies

Facing domestic violence charges can feel overwhelming, but there are various ways to defend against these accusations. Some common defense strategies include:

Self-Defense

One defense is to show that you only acted in response to a threat or attack. This means proving that your actions were meant to protect yourself and not to harm anyone without reason.

Lack of Evidence

The case may be dismissed if there isn’t enough proof to support the charges. For a strong case, the evidence must show what happened clearly; if it doesn’t, that can help your defense.

False Accusations

Sometimes, the allegations are exaggerated or even completely untrue. If the accusations are false, it’s important to gather evidence that proves what happened.

Building a strong defense involves gathering evidence, interviewing witnesses, and demonstrating inconsistencies in the accusations. Having witness testimony and character references can also play a powerful role in defending against these charges.

Consequences of a Domestic Violence Conviction in Denver

A conviction for domestic violence in Denver can lead to serious consequences, including:

  • Jail Time: Convictions may result in a prison sentence depending on the severity.
  • Fines: Some cases come with significant financial penalties.
  • Mandatory Counseling: The court may require attendance in anger management or other counseling programs.

Beyond these immediate penalties, a domestic violence conviction can have long-lasting effects. It can impact your ability to find housing, maintain employment, and even affect social relationships due to the stigma. Furthermore, any future legal issues may be impacted by a prior domestic violence conviction.

How Domestic Violence Charges Affect Child Custody and Family Matters

If you’re a parent, domestic violence charges can complicate your custody and visitation rights. Courts take allegations of domestic violence very seriously in family law cases, and a conviction can influence a judge’s decision regarding custody and visitation.

A few ways a charge can affect family matters:

  • Custody Limitations: Courts may restrict custody or only allow supervised visits.
  • Impact on Visitation: Courts might set limitations or require third-party supervision.
  • Parental Rights: In severe cases, parental rights may be at risk.

To protect your parental rights while facing these charges, it’s essential to work closely with your domestic violence attorney in Denver, CO, who can help advocate for a fair arrangement in family court.

Expungement and Record Sealing for Domestic Violence Charges

If your domestic violence charges are dismissed or you’re found not guilty, you may be eligible for record sealing or expungement. Expungement removes the charge from your record, making it as if it never happened, while record sealing restricts access to your records. You must take the following steps to seal your record:

Eligibility Check

First, you’ll need to find out if your charges qualify for sealing. Not all cases can be sealed, so it’s important to confirm that you’re eligible.

File a Petition

Your Denver domestic violence charges lawyer can help you file a petition, which is the paperwork asking the court to seal your record. This paperwork must be completed carefully to ensure its acceptance.

Court Approval

If the court agrees, your record will be sealed, which limits access to your record by future employers or landlords. This way, your past charges don’t affect your chances when applying for jobs or housing.

Sealing your record can be an important step in moving forward after a case, as it helps you avoid potential negative consequences in your personal and professional life.

Myths and Misconceptions about Domestic Violence Charges

There are many myths about domestic violence cases, and believing these can lead to confusion and misunderstandings. Here are a few common misconceptions:

  1. False Accusations Are Rare: Many believe accusations are always true, but false allegations happen.
  2. Domestic Violence Is Always Physical: Verbal abuse, harassment, and other forms can also qualify.
  3. Once Accused, You’re Guaranteed to Be Convicted: Many cases don’t lead to convictions if there’s insufficient evidence.

Our team is committed to educating clients on the realities of these charges providing clear information to help them make informed decisions. Understanding the myths makes clients feel more prepared to face the legal process.

Frequently Asked Questions

Domestic Violence Charges in Denver

If you’ve been accused of domestic violence in Denver, you’re likely overwhelmed with questions and concerns. Domestic violence charges can carry severe consequences, and it’s crucial to understand your rights and options. Below are some frequently asked questions that can help clarify the process and provide guidance on what to expect.

What happens immediately after a domestic violence arrest in Denver?

After an arrest for domestic violence, you’ll likely be taken into custody and may have a no-contact order placed on you, prohibiting contact with the alleged victim. You’ll remain in jail until you appear before a judge, who will set bond conditions and decide on your release.

 How can a domestic violence conviction affect my career?

A domestic violence conviction can have serious consequences for your career, particularly if your job requires a professional license or background checks. Some employers may terminate or refuse to hire individuals with a criminal record, and certain fields, like teaching, healthcare, or law enforcement, have strict policies regarding domestic violence charges.

Are there alternative sentencing options for domestic violence cases?

Yes, Denver courts may offer alternative sentencing options, such as probation, anger management, or domestic violence intervention programs. Depending on the circumstances and whether this is a first offense, an experienced attorney can help negotiate for alternatives to jail time.

What should I do if I believe I was falsely accused of domestic violence?

False accusations of domestic violence do happen, and they can be incredibly damaging. If you believe you were falsely accused, gather any evidence that supports your side, such as witness statements, messages, or other records. Hiring a skilled domestic violence defense attorney near me is vital to help you build a defense and protect your reputation.

Facing domestic violence charges is serious and can have lasting effects on your life. Contact our dedicated domestic violence attorneys in Denver right away to discuss your case and start building a defense. Our team is here to provide you with the legal support you need during this challenging time.

Contact Our Domestic Violence Charges in Denver

When facing domestic violence charges, having skilled legal representation is essential. The Law Offices of Steven J. Pisani are here to guide you through each step of your case, from understanding the charges to preparing a defense. Our best domestic violence lawyer in Denver is dedicated to helping clients defend against domestic violence accusations, ensuring every client receives the support they need during this challenging time.

If you or someone you know is facing domestic violence charges in Denver, don’t face it alone. Contact our top-rated criminal defense attorney in Denver today for a consultation, and let us help you understand your options and prepare for the next steps.

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