Weld County Domestic Violence Lawyer

In Greeley and Weld County, when you hear the term ‘Domestic Violence’ you usually assume that there is some type of violence involved. In Colorado, however, that does not have to be the case. Domestic Violence is a sentence enhancer that is added to ANY crime when the alleged victim and accused have been in an intimate relationship. This means even non-violent crimes can be considered Domestic Violence. There are various processes the legislator put in place when a Domestic Violence crime is accused. One, is that there is a mandatory arrest. No matter what the circumstances are, if there is probable cause for a DV case, then someone is getting arrested. It doesn’t matter if the two people involved have already separated, or if there are kids in the home and no one there to watch them – police have no discretion. They have to enact an arrest. Let’s take a closer look at DV laws.

Domestic Violence Attorney in Greeley: What is Domestic Violence in Colorado?

The Greeley, Colorado law definition of Domestic Violence – C.R.S. 18-6-800.3 – is:

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.

Another important definition is Intimate Relationship, which is defined by Colorado law as:

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.

Mandatory Arrests for Domestic Violence Crimes in Milliken and Severance

Under C.R.S. 18-6-803.6 – Duties of Peace Officers and Prosecuting Agencies – the mandatory arrest is outlined:

When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 18-6-800.3 (1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission pursuant to the provisions in subsection (2) of this section, if applicable, and charge the person with the appropriate crime or offense. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer’s station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made.

The statute specifically says the officer SHALL arrest – meaning there is no discretion. Imagine this: a man and his girlfriend have an argument and the girlfriend leaves the house. As she is leaving, she stabs the man’s car tire and causes him a flat. He realizes what she did and calls the police. Police locate the girlfriend, who is staying with a friend (away from the man) and she is immediately arrested. While it was not a great choice, there was no physical danger to the man, yet, she is arrested for Criminal Mischief – Domestic Violence and must spend the night in the Weld County Jail until she can be seen by a judge.

If you or someone you love has been charged with Domestic Violence, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

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