Domestic violence is a serious issue and one that as a society we need to address. However, not all situations that result in a domestic violence charge are the same. Someone who is facing a domestic violence charge deserves to be represented by a defense attorney who will stand up for their rights. The reality is, domestic violence is a broader term than many realize and results in a complex legal scenario. The following are some things you should know if you or a loved one are facing domestic violence charges.
CHARGES CANNOT BE DROPPED
If someone has pressed charges against you in regards to domestic violence, you need to know that Colorado has a no-drop policy. What this means for you is that even if the victim changes their mind, they cannot drop the charges once pressed. The only person who can drop the charges is the prosecutor. This has huge repercussions for situations where the victim may later admit they exaggerated the situation. They still cannot drop charges against the accused. This applies to situations as well where the partners have made up and resolution has been decided upon outside of court. The person facing domestic violence charges will still need to go to trial. While this no-drop policy was designed to prevent victims from being coerced into dropping valid charges, it, unfortunately, can also mean invalid charges are not easily dropped.
MORE THAN PHYSICAL ABUSE
We often associate domestic violence with only physical abuse. However, you can be charged with domestic violence due to other actions. These include the following:
- Breaking the victim’s personal property
- Threatening the victim
- Using obscene language
The circumstances surrounding the above actions will determine whether or not they may result in a domestic violence charge.
RESTRAINING ORDERS WILL FOLLOW
When facing a domestic violence charge, you should be aware that a mandatory restraining order will likely follow soon after. This protective order is issued by the court and will likely require that the defendant does not do any of the following:
- Visit the victim’s home
- Try to see the victim at their place of work
- Contact the victim directly or indirectly (i.e. calling them directly or using another person to relay messages to them)
- Gain possession of a firearm or weapon
If a restraining order has been issued against you, it is critical that you obey these orders. Even if you and your partner are going to resolve the issue and reunite, do not break your restraining order. This can and will be used against you during your trial. Remember, as stated above the victim cannot drop the charges against you, so you need to abide by all court-ordered mandates until your trial. This will help your defense attorney build the best case possible.
BAIL IS COMPLICATED
In most situations, if you are facing charges you can post bail and leave jail. However, if you are facing a domestic violence charge you have to appear before a judge before you will be allowed to post bail. This is one of the many reasons it is critical to contact a defense attorney as soon as possible. A skilled defense attorney can help you navigate this situation and help ensure your rights are protected.
CONTACT A DEFENSE ATTORNEY IN FORT COLLINS
Are you facing domestic violence charges? Are you trying to help out a loved one who is facing this situation? The best course of action you can take is to contact a skilled defense attorney in Fort Collins. Please reach out to our team as soon as possible. We can help you understand what implications and sentences you might be facing. We can also get to work building you a solid defense for your trial. For the time being, we recommend, you do not make any contact with the victim and that you abide by any court mandates. Learn more about how we can help you face domestic violence charges here.