Police and prosecutors alike in Boulder and throughout Colorado Front Range communities take domestic violence issues seriously. When the police are called to respond to the scene of a domestic argument, someone is going to jail. Even if the victim of the domestic assault chooses not to press charges, the matter will be turned over to the district attorney’s office to prosecute.
Domestic Violence Assault Charge
An assault charge can result from a misunderstanding between friends, an altercation outside a store, or even on what may start as a quiet night at home.
In Colorado, domestic violence assault entails the victim being physically injured by the defendant while being in an intimate relationship with him or her. The offense of assault in Colorado involves harming (inflicting or threatening bodily injury) another person intentionally, knowingly, or recklessly. Assault can occur even if the damage is not severe. The term “bodily injury” refers to any form of physical discomfort, illness, or impairment. Besides physical violence, domestic violence can also take the form of threats against another person. Other scenarios that often qualify as domestic violence are threatening or harming someones property, or even an animal if used for coercive purposes, to gain control, punish, intimidate, or perpetrate revenge against the alleged victim. It is possible to receive jail time, restraining orders, and a firearm ownership ban upon conviction of an assault charge in the context of domestic violence.
Additionally, if you are convicted of domestic violence assault or other related charges, you must complete a mandatory treatment program. An assault charge related to domestic violence dispute can also result in additional charges with additional penalties. Criminal mischief charges could be added to the arrest if anything at the residence was damaged during the conflict. It is also important to note that if a child (minor) was present or deemed at risk during the reported domestic dispute, you could be facing an additional child abuse charge.
Speaking to a Colorado criminal defense attorney following an arrest for domestic violence charges is crucial as there are often severe consequences and emotionally painful ramifications attached to such an arrest. Notably, there is no separate criminal offense for domestic violence assault in Colorado. Individuals suspected of committing domestic violence assault face a charge of assault and additional charges related to domestic violence, making cases much more complex.
To reduce and minimize challenges, charges, and sentencing, you should consult and work closely with your criminal defense attorney. Lastly, it is vital to obey any mandates imposed by the court, such as abiding by emergency or temporary restraining orders. Domestic violence “no contact” orders are typically placed in Colorado domestic violence cases as part of the defendant’s bail conditions when released from jail. Courts in Colorado take such orders seriously. Violators are subject to an additional charge of violating a restraining order (VRO), sometimes referred to as a violation of a protective order (VPO), and likely contempt of court proceedings.
When you or someone you care about is facing domestic violence charges, you need to know your rights under the law and act quickly to protect them. At The Moorhead Law Group, in Boulder, we have the experience, knowledge and dedication to successfully defend your rights at every stage of the legal process.
Contact us to schedule a free initial consultation with one of our experienced Boulder domestic violence attorneys right away. If you need immediate help after hours, call us 24/7 to leave a message.
If you have been arrested for domestic abuse or any form of family violence following an argument, the district attorney’s office takes over prosecution of the charges. The person suffering the assault injuries may not have the option of dropping charges.
Attorney David Moorhead is a former deputy district attorney who has prosecuted hundreds of cases involving domestic assault, child abuse and violations of orders of protection. His experience can help you get your life back on track.
We will carefully examine all available evidence and use our in-depth understanding of even the most complex criminal laws and capitalize on any mistakes the prosecution might make. Domestic violence and abuse charges in Boulder are often very serious, and we treat every case with utmost importance.
Our office hours are 9 a.m. to 5 p.m. weekdays, and we will make weekend and evening appointments by special arrangement. If you can’t come to us, we can make arrangements to come to you. Call us toll free at 303-447-1400 or contact us by email to schedule a free initial consultation. Need immediate help after hours? Call us 24/7 to leave a message.