Everything You Need to Know About Colorado Domestic Violence
In recent years, the emphasis on domestic violence has steadily grown. Where women and even men, once suffered in silence due to stigma and lack of resources, there is more awareness and help for victims than ever before. Despite this, the grasp of abuse is iron clad and many who are abused stay due to the mental and emotional control the abuser has over them. Far too often, the victim makes excuses, blames themselves, or hides the evidence (in the case of physical abuse) as they have bought into the lies of their abuser.
Unfortunately, some cases of domestic violence escalate far beyond verbal abuse or a few bruises but to serious bodily harm or even death. In the past few years alone, Colorado has seen several high-profile cases of domestic violence that resulted in the loss of a life. Thus, as recognition and understanding of this problem has grown, the legal system is growing ever stricter on perpetrators of domestic violence.
While most people would agree domestic violence is a horrible thing, what happens when someone falsely accuses you of such actions? Any defense attorney has seen a scenario that goes like this: a scorned spouse decides to get revenge or their estranged husband or wife and makes false accusations of domestic violence. The problem is, once that accusation is made, it is hard to take back. Now, the alleged perpetrator becomes the unfortunate victim of the court system.
If this is scenario sounds familiar, don’t try to fight alone; make your next call to a skilled defense attorney. Allegations of this nature will be taken seriously by the court system. Thus, if you are innocent, it is important for your future that you secure competent representation. It will be imperative that a strong case is put together that supports your innocence, as a conviction for domestic violence carries with it extremely harsh and life altering penalties, such as fines and time spent in jail.
Every case will be unique; as such, it is important to allow the experts to review the specifics of your case so they can develop the strongest defense possible. Continue reading to learn some important aspects of fighting against allegations of domestic violence.
Know Your Stuff
Colorado law is unique in that domestic violence is not a stand-alone crime. Instead, it is usually added on top of an assault charge. Due to this, the definition is less than concise, making it possible for many different actions to be considered acts of domestic violence. Something as simple as destroying your significant other’s property could land you with a domestic violence charge. Thus, with so many gray areas, you best bet is to speak with a defense lawyer immediately if you have been charged.
Colorado law dictates that once you have been arrested for allegations of domestic violence, you will automatically have a protection from abuse order put on you. This makes it illegal for you to contact the alleged victim online, over the phone, or in person. Breaching this order will ruin your chances of fighting the charges, and you will be in additional legal trouble. Be aware that during this time frame, you will no longer have a right to firearms. Should the charges result in a conviction, this will be a permanent restriction, for the rest of your life, in Colorado.
It Ain’t Over till It’s Over
If you have been charged with domestic violence, don’t give up. There are many helpful defenses that may be beneficial to your case.
An attorney will take time to review how you were handled when you were charged and/or arrested. He or she will make sure your rights were respected. If your constitutional rights are found to have been breached, some or all of your charges could be dropped and/or evidence may be thrown out.
Furthermore, an attorney can help investigate the validity of the accusations against you. It is not uncommon for domestic partners to make up lies about the other in a rage or a plot of revenge. Under Colorado law, charges cannot be easily dismissed. Instead, once an accusation has been made, the burden will be on the prosecutor to drop the charges should they be deemed invalid. Even if an alleged victim recants the accusation, it will not matter until the prosecutor decides your guilt or innocence.
Even you have been falsely accused, there is always hope! Don’t walk alone. Allow a skilled attorney to review your case!