Domestic Violence Defense Attorney
Fighting for your rights in Colorado
How Barrie can help:
Barrie also has experience with family systems and the child protective system through her work as a guardian ad litem and counsel for youth. Domestic violence cases often involve familial systems and Barrie’s overlapping knowledge of such makes her an ideal attorney to assist you through your domestic violence case.
Being charged with a domestic violence offense can be scary, often involves complicated family systems, and can bring lifelong consequences. It is important to hire a lawyer who is knowledgeable about the evidentiary issues in these cases, which drives an effective defense strategy. Barrie contracts with an experienced criminal defense investigator in these cases to assist her in developing a defense strategy and finding the evidence to further the strategy. Barrie has over nine years of experience defending people in domestic violence cases, so she is familiar with the complicated rules of evidence and sentencing guidelines that apply and she will advise you of such every step of the way.
What is domestic violence in Colorado?
The definition of domestic violence varies across states. Some states include any family or household member in their definition. However, in Colorado, domestic violence is only considered intimate partner violence and is specifically defined in C.R.S. 18-6-800.3.
Domestic violence is an act or threatened act of violence against a current or former intimate partner. It can also include any offense against a current or former partner, their property, or their animals if used as a method of coercion, control, punishment, intimidation or revenge.
Another important distinction in Colorado is that domestic violence is a sentencing enhancer, or “tag,” that can be added to any general criminal offense so long as the above definition is met. It is not its own charge or offense.
But my partner told the officers they did not want me arrested and they arrested me anyway - why?
In Colorado, domestic violence is a mandatory arrest. If officers respond to an incident and have probable cause to believe a person committed an act of domestic violence, they must make an arrest. They cannot simply walk away, offer a “cooling off period,” or give the person a summons instead.
What happens if I am arrested for domestic violence in Colorado?
If you are arrested on a domestic violence charge, no matter the level, you will be held without the ability to post a bond until you see a judge. This is due to the necessity of the courts to hear arguments regarding your level of risk to another person, as well as the need to put in place a protection order. Once you go in front of the judge, you must be given a bond, which can include a personal recognizance bond (i.e., simply releasing you on your personal promise to obey the law and return to court).
At your first court appearance, often referred to as a bond hearing or an advisement hearing, you are entitled to a lawyer. If you are not able prior to this first hearing to obtain private counsel, you must be provided the services of a public defender.
At this hearing, the court will put in place a protection order. The conditions of this protection order can range from simply telling you not to harass or intimidate the victim and other witnesses to prohibiting you from returning to your home or even possessing weapons.
What should I do if I am charged with domestic violence?
There are three important things to remember when you are first charged with domestic violence:
Do not speak to anyone, including your partner, about the incident. Any and all statements you make, other than to a lawyer, can and will be used against you.
Obey any and all bond conditions and protection order conditions. If you violate bond or the protection order, you are subject to new and separate criminal charges.
Hire a lawyer.
Can domestic violence charges be dropped or settled?
First, it is important to note that in Colorado, it is the state, also known as the prosecution, that is bringing the charges against you. Although your intimate partner may be considered a victim or a participant in the process, they are not the one “pressing charges.”
As such, it is always the prosecution’s decision whether or not to pursue a case. But with domestic violence cases, they are not able to dismiss charges simply because a victim wants them to or because they want to. They must be able to make a record to the court that they do not believe they would be able to prove the charges. This often makes it more difficult to have domestic violence cases dismissed.
However, domestic violence cases can be - and often are - resolved through diversion agreements or plea agreements.
How long does domestic violence stay on your criminal record?
If you are convicted of a domestic violence offense, no matter the level, it will stay on your record forever. If your case is dismissed, or if you complete a diversion or a deferred judgment, the court will be required to seal the offense on your record.
What are potential punishments for domestic violence cases in CO?
As noted above, domestic violence is a tag added to other charges, not its own offense. This means that the possible punishment will be that of the underlying criminal offense. However, this tag subjects a person to additional sentencing requirements, such as domestic violence classes. Lastly, if a person has three or more prior domestic violence offenses, they can be subjected to sentencing enhancers that make the new offense a felony.
An offense that is classified as domestic violence can bring collateral consequences such as the inability to qualify for certain licensures (e.g., nursing). It is important to hire a lawyer who has knowledge of these consequences and can discuss them with you if they apply to your situation.
Nothing on this page is to be construed as legal advice and is for personal informational purposes only.
Barrie has helped people in Durango, Cortez, Pagosa Springs, Dove Creek, Bayfield, Ignacio, Mancos, Silverton, and Dolores. If you need to defend against a domestic violence charge in any of these areas, get in touch for a consultation