Are you facing a Domestic Violence Charge in Weld County? Anytime a criminal act is committed, if it is between intimate partners, then Domestic Violence or DV rules are enforced and applied. This simply means that a defendant who is convicted of a DV crime the penalties will be different and more severe. The attorneys at the O’Malley Law Office know that facing a DV charge in a criminal case can be overwhelming, below our attorneys discuss the top 5 things you should know and how we can help you get the best outcome in your case.
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#1. Definition of Domestic Violence, C.R.S. 18-6-800.3, in Colorado
Domestic Violence, at C.R.S. 18-6-800.3, in Colorado is defined as:
An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Simply, anytime there is an intimate relationship between a defendant and the victim, even if the relationship isn’t current, Domestic Violence rules will be applied.
#2. Can a Victim Drop Domestic Violence Charges?
No, a Domestic Violence victim cannot drop DV charges. Once Greeley Police make the decision to file DV charges, the accused is arrested and will need to spend the night in jail. The next day, they will appear before a Weld County judge or magistrate, for a bond to be set. In addition, the accused will be given a strict no-contact order, keeping them away from the alleged victim. This Protection Order can be addressed later, but generally is pretty strict up front. While a victim of Domestic Violence can have significant input on the resolution of a DV case, most DAs will not care if the victim wants the charges dismissed. Part of the reason for this is that DAs are trained to respect the decision of the Greeley Police or Weld County Deputy to file the charges. This happens even if the officer or deputy did a poor or inaccurate job investigating the case and making the filing decision. No one cares if the accused will lose their job, lose their housing, or cause harm to children who need the removed parent to care for kids the next morning.
#3 Can a Domestic Violence Victim Change a Protection Order or Restraining Order?
A Domestic Violence victim cannot change a Protection Order or Restraining Order up-front. While this sometimes can occur, it normally does not happen until the defendant’s second court appearance, provided a Weld County Defense Attorney moves quickly to communicate with the alleged victim and the prosecution. Then, the Defense Attorney presents the parties’ desires to the judge. Judges are sometimes willing to make some changes to allow contact, but early on they will normally only allow electronic contact, such as texting and phone calls. Judges and DAs don’t want to risk losing their jobs if something dangerous were to happen to a victim if the accused were allowed back in a private setting with the victim. The idea is that until the defendant acquires new skills and tools for dealing with conflict, they should not be placed back in a volatile situation. Alcohol is often at the root of the issue, and proven abstinence from alcohol can impress a judge and lessen their concerns of repeat behavior.
#4 Common Type of Criminal Charges That Have DV Sentence Rules Added in Greeley, Colorado
In Greeley and across Colorado a DV Sentence Rules can be added to any criminal charge and conviction. Examples of common criminal charges where DV charge rules apply are:
- Violating a Restraining Order – C.R.S. 18-6-803.5
- Assault Domestic Violence – C.R.S. 18-3-202, or C.R.S. 18-3-203, or C.R.S. 18-2-204
- Sexual Assault – C.R.S. 18-3-402
- Stalking – R.S. 18-3-602
- Harassment DV – C.R.S. 18-9-111
- Menacing – C.R.S. 18-3-206
- Child Abuse – C.R.S. 18-6-401
#5. What Domestic Violence Protection Order Rules Apply When a Defendant is Charged with Domestic Violence in Fort Lupton, Firestone, or Fredrick, Colorado?
A person is usually arrested when they are charged with Domestic Violence. This mandatory arrest is a common DV rule and is required by state law. Any DV charge is a Mandatory Arrest, which means that law enforcement must make an arrest if they have probable cause to believe Domestic Violence was committed. Imagine this: a guy takes his girlfriend’s keys, so she won’t leave. This would make the situation a mandatory arrest under Colorado law. After any arrest of this type, a judge will issue a mandatory Restraining or Protection Order. Simply put, this mean that the defendant may not contact the victim by phone, text, email, and/or social media, whether the communication is harassing or not. In addition, he or she must vacate any common home – even if the alleged offender has no other place to live.
#6. Sentence and Penalties in Weld County for Domestic Violence
The type of criminal charge for the conviction is what decides the sentence and penalties for a Domestic Violence conviction in Weld County. These can include added penalties like an intense DV treatment program, a continued Restraining Order or Protection Order, no alcohol or marijuana, and the loss of firearm possession rights.
Facing a DV Charge in Greeley? The top attorneys at the O’Malley Law Office know that a Domestic Violence criminal charge carries serious consequences. Having over 30 years of experience defending DV cases, we can walk you through the Greeley court process and fight for your rights. Let us help you, whether we get your case dismissed, a plea agreement , or the case goes to trial.