What to Do if You're Falsely Accused of Domestic Violence

One Call Can Start an Arrest

When someone calls police and claims domestic violence in Colorado, the responding officers are required by law to make an arrest if they find probable cause. They cannot mediate, take statements and leave, or defer to what the alleged victim wants. If probable cause exists, you are going to jail.

Before you’ve spoken to an attorney or had any opportunity to present your side, you can be removed from your home, cut off from your children, and required to surrender your firearms.

Even if no arrest has been made yet, a report filed with police can lead to an investigation, charges, and an arrest warrant without any further action from the accuser. What you do from this point forward determines whether you walk away from this or carry it for the rest of your life.

Your First Four Steps

If you’ve been falsely accused of domestic violence, do the following:

Do not speak to police or investigators without an attorney present
Comply fully with any protection order issued against you, even if the accuser invites contact
Preserve all evidence that contradicts the accusation, including texts, emails, voicemails, and witness information
Contact a criminal defense attorney before charges are formally filed if at all possible

The Boulder domestic violence attorneys at Moorhead Law Group have been defending criminal cases in Colorado for over 35 years. If you’ve been accused of domestic violence, call (303) 447-1400 or fill out our contact form to schedule a free consultation.

Why Colorado’s System Makes False Accusations Especially Dangerous

Colorado’s Mandatory Arrest Law

Colorado is one of a minority of states with a mandatory arrest law for domestic violence calls. Under C.R.S. 18-6-803.6, when officers respond to a domestic violence call and find probable cause, they are required to make an arrest. Probable cause may include:

A visible injury on the alleged victim, even a minor one like redness or scratching
A verbal account from the alleged victim with no physical evidence to support it
Signs of distress like crying or agitation at the time officers arrive
Damage to property in the shared space, like a broken door or overturned furniture
A prior domestic violence call or complaint at the same address

Probable cause is not proof. It is a reasonable basis for officers to believe a crime occurred, a standard low enough that a verbal account with no physical evidence can satisfy it. But even physical indicators like redness on the skin, damage to property, or a prior call on record can be found in situations where no crime occurred or where the accused was the one defending themselves.

When the Accuser Changes Their Story

The gap between probable cause and actual guilt is where false accusations do their damage. Even if an arrest is based on a false account, the alleged victim cannot prevent it by recanting on the spot or telling officers they don’t want charges filed.

Once charges are filed, the decision to pursue the case belongs to the prosecutor, not the accuser. If the accuser recants, tells the prosecutor the accusation was false, or refuses to testify, the case does not automatically get dropped. Prosecutors can proceed using other evidence, including the original police report, bodycam footage, and the accuser’s initial statements to officers.

Domestic Violence as a Sentencing Enhancement

Domestic violence in Colorado is not a standalone charge. It is a sentencing enhancement that attaches to an underlying offense like assault, harassment, or criminal mischief. A prosecutor doesn’t need to prove a history of abuse or serious physical injury. Proving the underlying offense occurred between people in an intimate relationship is sufficient, and the domestic violence designation is added to the charge.

Mandatory Protection Order

What the Order Requires

At your first court appearance, which in a domestic violence case typically happens within 24 to 48 hours of your arrest, the judge issues a mandatory protection order. No motion is required and no evidence of ongoing danger is needed. It is automatic. The order prohibits all contact with the alleged victim, requires you to vacate any shared residence regardless of whether you own or rent it, and bars you from possessing firearms for the duration of the case. If you have children with the alleged victim, the order can cut off your access to them as well.

Violating the Order

A violation of the protection order is a Class 1 misdemeanor carrying up to 18 months in jail. A violation does not have to be hostile or intentional to count. If the alleged victim contacts you, invites you back to the shared home, or asks to see you, and you comply, you can still be charged. The order is a court directive, and only the court can modify or lift it.

Retrieving Your Belongings

If you need to retrieve essential personal belongings from a shared residence, you can request a civil standby through the local police department. An officer will accompany you to the home for a limited window, typically 15 to 30 minutes, while you collect items that are clearly yours and not in dispute, like clothing, medication, work equipment, and personal documents. Anything the alleged victim claims ownership of stays behind.

Why False Domestic Violence Accusations Happen

Divorce and Custody Disputes

A domestic violence accusation filed during a divorce or custody proceeding can immediately restrict one parent’s access to their children through a mandatory protection order. In family court, that restricted arrangement can solidify quickly, and a judge awarding temporary custody may be more likely to favor the parent who has maintained consistent access to the children. An arrest record or pending criminal charge gives the accusing parent grounds to argue the other poses a danger, which can impact custody outcomes before the criminal case has even been resolved.

Anger or Retaliation After a Breakup

Relationships that end badly can lead to false accusations when one person wants to punish the other. A call made in a moment of rage, or a report filed days after an argument can set the entire process in motion without any underlying violence having occurred.

Misreading an Argument as Violence

Not every false accusation is malicious. A neighbor who hears shouting and calls police, or an alleged victim who genuinely believes an aggressive argument crossed a line it legally did not, can produce a domestic violence call and subsequent arrest without any intent to fabricate. Under Colorado’s broad definition of domestic violence, which includes threatened acts and acts of intimidation, the line between a heated argument and a criminal charge can be narrow.

Mutual Altercations Where One Party Calls First

In situations where both parties were involved in a physical altercation, the person who calls police first can become the alleged victim by default. Someone who was the aggressor, or who participated equally in a mutual fight, can reframe the situation before officers arrive and leave the other person facing arrest and charges.

Steps to Take Immediately After a False Accusation

Say Nothing to Police Without an Attorney Present

When police arrive or make contact with you, anything you say can be included in the incident report and used by prosecutors later. Officers are not required to weigh your account against the accuser’s account before making an arrest, and trying to talk your way out of the situation gives prosecutors material to work with that they would not otherwise have. Invoke your right to remain silent and ask for an attorney before answering any questions.

Document Everything You Can

As soon as possible, preserve any evidence that contradicts the accusation:

Text messages, emails, and voicemails between you and the accuser, particularly anything that shows the state of the relationship leading up to the accusation or undermines their account of events
Names and contact information of anyone who witnessed the argument or can account for your whereabouts
Surveillance footage from doorbell cameras, a neighbor’s camera, or a nearby business. Footage can be overwritten so quick action is needed.

Comply With the Protection Order Without Exception

If a protection order is violated, even once or even at the alleged victim’s invitation, your credibility is weakened and prosecutors have an additional charge to pursue.

Stay away from the alleged victim and do not contact them directly or through a third party
Do not return to a shared residence without going through the civil standby process
If the alleged victim contacts you, do not respond

Contact the Moorhead Law Group Right Away

Colorado accelerates domestic violence cases, which means your first court appearance and initial plea can happen within 24 to 48 hours of your arrest. An attorney retained before that appearance can:

Begin gathering evidence before it disappears
Advise you on how to handle the protection order
Engage with prosecutors before the case hardens into a position that is difficult to walk back

How Our Attorneys Fight False Domestic Violence Charges in Colorado

Challenging the False Accuser’s Credibility and Motive

In many domestic violence cases, the only evidence prosecutors have is the accuser’s account. Our lawyers examine the accuser’s history with the accused and look for documented motives like an ongoing custody dispute, a pending divorce, or prior false reports.

When a jury or judge can see that the accuser had a concrete reason to fabricate the accusation, the prosecution’s case weakens significantly. Evidence our lawyers use to establish motive and undermine credibility can include:

Text messages and recorded communications that contradict the accuser’s version of events
Social media activity inconsistent with the accuser’s account
Court filings from related divorce or custody proceedings
Prior false reports or inconsistent statements made to police

Presenting Evidence That Contradicts the Accusation

Our lawyers work quickly to gather evidence before it disappears:

Bodycam footage from responding officers can show whether the scene matched the accuser’s account
Surveillance footage can place you somewhere else entirely or show the altercation as it actually occurred
Text messages and voicemails sent before and after the reported incident can undermine the accuser’s timeline
Witness accounts from people who were present or who know the relationship can fill in details prosecutors would rather leave out

Arguing Lack of Probable Cause

If the arresting officers lacked sufficient probable cause under C.R.S. 18-6-803.6, our lawyers can challenge the legality of the arrest itself. Evidence obtained as a result of an unlawful arrest can be suppressed, which can significantly narrow what prosecutors are able to present at trial.

Self-Defense

If you were protecting yourself during a mutual altercation and the other party called police first, our lawyers can present evidence to show that your actions were defensive rather than aggressive. Evidence may include:

Medical records
Photographs of your injuries
Witness testimony

Colorado law recognizes the right to defend yourself against physical aggression, including in domestic situations.

Getting Charges Reduced or Dismissed Before Trial

Not every false accusation case goes to trial. Our lawyers engage with prosecutors and show contradicting evidence to challenge the strength of their case before it reaches a courtroom.

When the accuser has recanted, has a documented motive to lie, or when the physical evidence does not support their account, prosecutors may be willing to reduce or dismiss charges rather than take a weak case to trial.

What’s at Stake If You Don’t Fight Back

A domestic violence conviction in Colorado can carry severe consequences that can follow you throughout your life. Here is what you are facing:

Criminal Penalties

A Class 1 misdemeanor conviction carries up to 18 months in county jail and fines up to $5,000
A third domestic violence conviction, regardless of the underlying charge, elevates the case to a Class 5 felony, and carries one to three years in prison and an additional two years of mandatory parole
All convictions require completion of a mandatory domestic violence treatment program, typically a six to nine month course that meets weekly

Loss of Gun Rights

A felony domestic violence conviction results in a permanent loss of your right to own or possess firearms under both Colorado and federal law. Even a misdemeanor conviction can trigger federal prohibitions on firearm possession depending on the circumstances.

Long-Term Consequences

A conviction follows you in ways beyond the criminal sentencing alone:

Employment issues: Background checks will show domestic violence convictions, and certain employers may not hire someone with one on their record
Housing: Landlords routinely deny housing applications based on criminal history
Custody/visitation rights: In family court, a domestic violence conviction is treated as direct evidence that you pose a risk to your children, and can result in restricted or supervised visitation
Permanent record: Domestic violence convictions in Colorado cannot be sealed in most circumstances, meaning the record is permanent

Protect Your Future

A false domestic violence accusation in Colorado can cost you your home, your children, and your career. At Moorhead Law Group, our criminal defense attorneys have been defending clients against false charges in Boulder and throughout Colorado for over 35 years. With over 10,000 cases, we bring the experience needed to protect you from false accusations.

If you have been accused of domestic violence, or believe an accusation is coming, call us at (303) 447-1400 or send us a message for a free consultation.