DOMESTIC VIOLENCE

We provide you with the guidance you need when facing domestic violence charges.

At the Law Office of Andres R. Guevara, we understand how difficult it can be to face charges of domestic violence. We are here to defend you and protect your rights in the face of a domestic violence accusation. Our Denver criminal defense attorneys represent clients facing charges for all types of domestic violence-related crimes, including: menacing, endangering the welfare of a child, stalking, harassment, and more.

Our team of expert attorneys is committed to settling domestic violence cases as effectively, quickly, and peacefully as possible, so you can get back to living your life. We know how emotionally painful it can be to deal with domestic violence charges, which is why we’ll do everything we can to bring your case to a speedy resolution and peaceful conclusion.

And if it turns out that litigation is indeed necessary, the attorneys at the Law Office of Andres R. Guevara have the extensive experience and competitive edge to obtain the best possible result for your domestic violence case.

Domestic Violence Crimes in Colorado

In Colorado, domestic violence laws are gender neutral and apply equally to both male and female alleged perpetrators. Moreover, domestic violence can occur in both heterosexual and same-sex relationships, as the law does not recognize a distinction between the two in terms of partner violence.

In essence, the concept of domestic violence builds upon the traditional notion of assault. It adds an additional element: an intimate, formerly intimate, or familial relationship between the parties involved. Consequently, penalties for domestic violence perpetrators are varied and may be more punitive than those imposed for simple assault.

Colorado law [C.R.S. 18-6-800.3(1)] defines domestic violence as an “act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.”

The law does not limit its definition of domestic violence to acts committed against a person. The law includes crimes against property or animals if the accuser commits the crime as a “method of coercion, control, punishment, intimidation, or revenge” against a current or former intimate partner.

Crimes associated with Domestic Violence

Accordingly, the types of crimes often associated with a domestic violence charge include any of the following:

  • Destruction of property, theft, or arson
  • Animal cruelty
  • Child abuse and neglect
  • Stalking and menacing
  • Assault
  • Rape
  • Homicide

One of the most important inquiries in any domestic violence case involves the “intimate partner” question—namely, how does the law determine whether the parties are (or were) intimate partners?

Under C.R.S. 18-6-800.3(2), an intimate partnership is “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”

Timeline of a Domestic Violence Case

  1. Because Colorado is a “mandatory arrest” state, a law enforcement officer must arrest an alleged perpetrator so long as probable cause exists to detain that individual. In essence, once the accuser summons the police, there is a strong likelihood officers will haul the alleged perpetrator off to jail.
  2. Of course, once under arrest, there is no requirement to speak to police or offer any information other than a name and address.Also, when facing an arrest and possible charge for domestic violence, the alleged perpetrator has the right to counsel under the Sixth Amendment to the U.S. Constitution. Be sure to take advantage of this; do not speak to law enforcement officers without an attorney present.
  3. Once the mandatory arrest occurs, the law also requires the entry of a mandatory restraining order between the parties. While the terms of restraining orders may vary, the order forbids the alleged perpetrator from contacting or coming within a certain distance of the alleged victim. For co-parents, this can place an extreme burden on the alleged perpetrator, as it may interfere with access to the child.
  4. From there, the prosecution will continue with the case, even if the alleged victim wants to drop the charges and forget the entire incident. Contrary to popular belief, the law requires the prosecution to continue with the charges even if the victim refuses to cooperate. Practically speaking, however, it will be increasingly difficult for the prosecution to succeed without the testimony and collaboration of the accuser.

Note: Even if your accuser attempts to contact you, do not respond to any contact attempts, as this is a violation and may result in harsher penalties. Do not respond even if your accuser intends to drop the charges; as stated above, your charges will still stand even if your accuser attempts to drop the charges.

Violent Crimes FAQ

Our expert criminal defense attorneys are here to answer your questions and guide you through the legal process. Browse our FAQ to find answers to your questions on navigating a domestic violence charge.

Contact a domestic violence defense attorney today

We will do everything we can to build your defense. We will listen to your needs and goals and work to achieve them. Moreover, we will communicate with you throughout your case, give you honest advice, and treat you with respect. Contact us today for a free consultation and discover how we will protect your reputation and freedom as you deal with domestic violence charges.

*Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.