Finding yourself charged with domestic violence may leave you questioning how. You may not have lifted a finger to harm anyone, but nevertheless, the police arrested and charged you as if you had.
Domestic violence is not a singular charge. No act of violence needs to occur for you to find yourself in cuffs. It is a good idea to familiarize yourself with what Colorado defines as domestic violence, so you understand your situation.
Relationship between the parties
Under the law, domestic violence may consist of an act or the threat of harm to someone with whom you have an intimate relationship. Under the law, examples of this type of relationship include:
- Spouse or former spouse
- Child, parent or a co-parent
The relationship may have ended, such as a breakup with a spouse.
Examples of non-violent acts
As stated, domestic violence does not necessarily mean an act of aggression occurred. It means that someone felt that you threatened his or her person, property or pet. When the police come to the scene, the person leveling the charges against you must demonstrate that you tried to coerce, intimidate or punish him or her. For instance, if you break your former spouse’s telephone in an act of revenge, the police may take you in for domestic violence.
Fallout from police involvement
Once the police come to the scene and investigate, they must decide if you committed an act of domestic violence. If they do, they will place you under arrest per Colorado’s mandatory arrest law. After this, a judge will issue a restraining order, preventing contact between you and the accuser. Perhaps the most difficult thing to understand is that once the police suspect domestic violence and arrest you, the party accusing you may not rescind the accusation. It is up to the prosecutor to either move forward based on evidence or drop the charges.
It is crucial that you find someone who may help guide you through the legal process. A knowledgeable and experienced attorney is your most favorable bet for mounting your defense.