Domestic violence in Colorado Springs is a serious allegation. It is not simply defined as assault or violence, either. Domestic violence can include non-physical abuse. In Colorado, domestic violence may be any of the following, but not limited to:
Repeated calls or texts
Obscene or violent language
Refusal to leave or vacate premises
As you can see, it’s not simply physical harm that qualifies as domestic violence. As a general rule of thumb, if you endanger or make your spouse or partner feels harmed, then it may be considered domestic violence. If you are arrested for domestic violence, a few things will immediately ensue. You will automatically be restrained from contacting or seeing the person in which you violated. So, you will be given a restraining order. This means that you also may not contact any third parties related to the person you are being restrained from, their friends or family, coworkers, etc. If you do try and contact your (probably ex-) partner or any third parties, then an entirely new criminal charge will take place. A domestic violence charge is bad enough, you do not need or want another. If you are to be arrested for domestic violence is up to the discretion of the present officer. They are lawfully required to make an arrest if they have probable cause to believe that violence has taken place. In other words, if they feel as though one party is in harm’s way or if it is clear that a crime has already been committed — broken property, physical assault, etc. — then they must make a domestic violence arrest. It is also important to note that domestic violence charges are not easily dropped. You and your partner cannot simply make up and convince the court to forget about the charges. Colorado law ensures that domestic violence cases cannot be dropped unless there is absolutely no way to prove that there was a domestic violence case in court. This is very rare because, as previously stated, if an officer was there to make the arrest, they only did so because they had reason to believe that a crime had occurred. Even if a couple insists that there are no issues or potential risks, the court must take the court to case in the event that violence may be able to be proven. Also, if any friends or family testify that they felt as though one partner or spouse has a history of abuse of any kind, that will further the strength of the case as well.
It is also common for domestic violence charges to become felony charges. Felonies come into play when:
There is reason to believe the person/partner intended to cause serious harm
A dangerous weapon was used or present during the incident
The person in question is considered a past domestic violence offender
It is in your best interest to hire an experienced attorney if you are either being charged with domestic violence or have a partner with a history of domestic violence. To best protect yourself and your family, especially if children are involved, do not hesitate to give our offices a call. Kinnaird Law puts families first.