Interpersonal relationships can be complex to navigate. Misunderstandings and disagreements can lead to serious arguments and police calls. Depending on the alleged acts, the court may charge an individual with assault, harassment, or other actions of violence. If a loved one has accused you of hurting or threatening them, you may need legal counsel.
To fully understand the charges against you and how you can best protect yourself, consider speaking with a Greeley domestic violence lawyer. Do not ignore any investigations and take these issues seriously. Justie and Jenn at Nicol Gersch Law could help your case. This type of matter can involve severe jail sentences, hefty fines, probation, and problems with immigration and family law disputes. Speak to a tenacious defense attorney to discuss your case.
If a party calls the police to an alleged scene of domestic violence, the police will arrest someone. They are legally required to take at least one person to jail in any DV altercation, provided that they have probable cause to believe something happened.
The police must arrest the alleged perpetrator if the police believe that intimate partner violence occurred. That means the police will take the suspect to jail until a person can be taken before a judge to have a bond set. Usually, this necessitates the accused spending at least a night in jail, if not more. The government does not dismiss criminal charges just because the alleged victim changes his or her mind.
Despite what most people think, domestic violence is not a separate crime from other acts of violence. It is a sentence enhancer or a “designation.” If the government pursues charges against an individual, those charges will also include a DV “tag” which requires additional penalties both before and after conviction.
Domestic violence is any act or threat of violence performed on a person who has ever been in an intimate relationship with the actor, as defined in Colorado Revised Statutes §18-6-800.3. It also includes acts of violence on property, people, and animals as a method to control, punish, intimidate, or coerce the alleged victim.
Intimate relationships are between:
But intimate relationships do not require physical intimacy, per se, or cohabitation or marital status.
The court may try a person for violations of any other criminal acts, as detailed in C.R.S. §18-6-801. If the court finds the actor guilty, and the action also included domestic violence, the court may order the defendant to complete a treatment program and submit to evaluation by the domestic violence offender management board (or “DVOMB”).
Also, the government does not allow the prosecutor to offer plea bargains which do not include the domestic violence tag unless the prosecutor does not have enough evidence to prove it at trial. That means—although in normal circumstances you can plead guilty to a lesser offense to get a better deal and not have to do such a harsh sentence—such a benefit of the bargain is not available for DV offenses.
The court must consider the safety of the victim and any children if the court wishes to grant the defendant probation. A Mandatory Protection Order (or MPO) is required in any DV case. In addition, repeat DV offenses can result in the case being updgraded to a felony case if someone has prior convictions, thereby substantially increasing the penalties.
When a person is charged with an act of domestic violence, the court may order the following:
These restrictions can enter at the time of the initial arrest, and you may be facing a long fight to get your gun rights restored if merely accused of a DV offense. Fighting against these domestic violence penalties may be easier with the aid of a seasoned Greeley attorney.
If you have been accused of committing a violent act against an intimate partner, you should seek help from the attorneys at Nicol Gersch Law as soon as possible. Consult with a Greeley domestic violence lawyer to learn about the process and what options you may have to defend yourself. Call today to get started building your defense.