One call to the police can lead to an arrest, a protection order, and criminal charges within hours. Domestic violence is not a crime unto itself but a statutory sentence enhancer for other crimes such as assault, harassment, or criminal mischief. That stacked architecture creates a uniquely complicated legal situation where the impacts begin stacking up even before you make it in front of a judge.
A domestic violence lawyer in Colorado Springs will be there at every step to protect your freedom, your parental rights, and your career. Many local district attorneys’ offices have special prosecution units for domestic violence cases, which means it is important to have experienced legal counsel from the beginning. This is what that defense looks like in practice.
Understanding Mandatory Arrest Law
The legal process is fast because of a statewide mandate that removes police discretion altogether.
C.R.S. § 18-6-800.3 requires an officer to make an arrest if responding to a domestic call and having probable cause to believe that a crime has occurred. They can’t just issue a warning or tell one party to go. If you are arrested, you will be booked in jail, and you will not be able to post a standard bail. You have to wait for an advisory hearing before a judge, usually the next business morning.
The Automatic Protective Order Challenge
Once you are in court on a DV-enhanced charge, the court automatically issues a mandatory protection order under C.R.S. § 18-1-1001.
What are the Order Limits
This order legally prohibits you from contacting the alleged victim, returning to your shared home, and possessing firearms. It stays in place whether or not the other person wants you back home or thinks it was no big deal.
What Your Lawyer Does
A motion to modify the protection order will be filed immediately by a defense lawyer. Your attorney can request a “no-harm” provision, which allows you to go home, see your children, and continue your daily life while your case continues, by providing evidence that peaceful contact is safe and appropriate.
Why Charges Can’t Simply Be Dropped
A common and dangerous misconception is that the other person can call the court and get the charges dismissed.
The first person to report is treated as a witness, not the prosecutor. The district attorney is the sole person who can drop a case, and many district attorneys’ offices have specialized domestic violence units that routinely prosecute cases even if the alleged victim recants or refuses to testify. Your lawyer does his own investigation, talks to witnesses, looks at recorded statements, and tries to find inconsistencies or ulterior motives (like trying to get an advantage in a custody dispute) to convince the DA to lower or drop the charges.
Safeguarding Your Firearm Rights and Career
For residents tied to military installations, federal agencies, and local law enforcement agencies, a domestic violence allegation has serious professional consequences.
- Federal firearms prohibition: The Lautenberg Amendment and C.R.S. § 18-1-1001(9) prohibit any person who is subject to a domestic violence protection order or has been convicted of a domestic violence misdemeanor from ever possessing firearms or ammunition. The Department of Justice says that federal firearm prohibitions apply to anyone convicted of a qualifying domestic violence offense or subject to a qualifying protection order.
- Career impact: Carrying a weapon is a career-ender for military and law enforcement personnel.
- The defense strategy: Your attorney will look into other options, such as a plea to something other than a DV offense or a deferred judgment, that will preserve your Second Amendment rights and protect your job.
Conclusion
If you are charged with domestic violence, the police will arrest you, and there will be automatic orders of protection and prosecution without the cooperation of the other person. The fallout affects everything in your life, from where you live and whether you get to see your children to whether you can keep your career. An attorney with experience in this area of the law will be able to challenge evidence and obtain orders of restriction that are too broad and fight for an outcome that protects your legal rights at every turn.
Published by HOLR Magazine.