Domestic Violence FAQ
What is a domestic violence charge?
A domestic violence charge is a sentence enhancer that is added on to a criminal charge, like assault or harassment. It means that the police and prosecutor are alleging that you committed a crime against someone with whom you’re in an “intimate relationship”, like a spouse. If you are convicted of a domestic violence charge, the court will add special requirements to your case, like having to complete domestic violence classes.
Why was I arrested?
In Colorado, the law requires police to make an arrest any time they suspect that domestic violence has occurred. That means that even if you were charged with a misdemeanor, the police will arrest you immediately.
Can I bond out after I’m arrested?
No. The law in Colorado requires that you be held until you can be brought before a judge and advised on the record of a mandatory restraining order. This often means that you will be held in custody overnight until you can be brought in front of the judge the next afternoon. Then bond will be set and you can bond out.
Are domestic violence charges worse than other sorts of charges?
Colorado law has additional requirements for domestic violence charges, making them especially difficult for you. Some of these things occur before conviction, like the mandatory arrest. Many of them occur if you are convicted of a domestic violence charge. For example, the court will impose domestic violence classes and will force you to surrender any firearms, even if you legally own them.
Why were my legally owned firearms confiscated?
Both state and federal laws require forfeiture of any firearms. If charged or convicted of domestic violence you may not be in possession of a firearm.
What if my significant other doesn’t want to press charges. Will I still be charged?
Yes. Colorado law holds that once charges have been filed, it is the state of Colorado who is technically pressing charges, not the alleged victim. That means that even if the alleged victim does not want to press charges, the prosecutors will still move forward with the case.
Will a domestic violence conviction affect my military career?
Domestic violence charges are especially significant in a military service member’s life. Both state and federal law requires you to surrender any firearms if you are charged or convicted of a domestic violence charge. A conviction often times means the end of a service member’s military career. The stakes are especially high for our military members, and this is why The Foley Law Firm suggests you seek legal representation as soon as possible if you’re a military member charged with domestic violence.
The attorneys at The Foley Law Firm understand that domestic violence charges against service members is an especially complicated issue. Often times, military members return home from combat suffering from issues like PTSD and traumatic brain injury. Our service members deserve an advocate who understands that these are serious issues, which often have an effect on behavior when returning home. We will work with you to put your life back together.