Fort Collins Domestic Violence Defense Lawyers

Former Prosecutors Defending Clients in Colorado

An argument between intimate partners or family members can escalate quickly. When law enforcement is called to a domestic dispute, the situation often spirals out of control before you have a chance to explain what really happened. 

Under Colorado law, police officers are subject to mandatory arrest policies, meaning someone almost always goes to jail when a call involves domestic allegations, even if neither party intended for an arrest to take place.

Our attorneys at Roselle & Breitigam, P.C. understand that facing a domestic violence charge is frightening and overwhelming. Many individuals accused of domestic violence are ordinary people caught in high-stress situations, heated misunderstandings, or contentious divorce and custody disputes. 

As former Deputy District Attorneys with more than 65 years of combined criminal trial experience, we provide empathetic, non-judgmental defense representation. We know how local prosecutors build domestic violence cases, and we use that insight to protect your freedom, your family relationships, and your future.

Call (970) 238-7900 or reach us online to request a complimentary consultation with a Fort Collins domestic violence attorney. Meetings can be held virtually for your convenience. 

How We Defend Your Domestic Violence Case

When you retain our firm, we immediately conduct an independent investigation to uncover facts that law enforcement and prosecutors may have ignored. 

Because our attorneys spent years working as prosecutors, we understand the specific vulnerabilities in state evidence:

• Uncovering false or exaggerated allegations - Domestic violence allegations are sometimes leveraged improperly during marital breakdowns, breakups, or child custody battles. We gather text messages, emails, witness statements, and background records to expose ulterior motives.
• Challenging probable cause and self-defense - We evaluate whether you acted in self-defense or defense of property, or whether officers conducted an inadequate investigation before making an arrest.
• Seeking pre-trial solutions and diversion - Where appropriate, we negotiate directly with the District Attorney's office to pursue diversion programs, anger management education, or charge reductions that allow you to avoid a permanent domestic violence conviction.
• Vigorous courtroom defense - If prosecutors refuse to offer a fair resolution, we prepare every case to stand up before a jury, challenging witness credibility and chemical or physical evidence.

Understanding Domestic Violence Laws in Colorado

Under Colorado Revised Statutes (C.R.S. § 18-6-800.3), domestic violence is not a standalone criminal charge. Instead, it is a sentence enhancer attached to an underlying crime, such as assault, harassment, menacing, stalking, or criminal mischief.

The domestic violence enhancer applies whenever an alleged crime or threat of violence is committed against a person with whom the defendant shares an "intimate relationship." Colorado broadly defines an intimate relationship to include:

• Current or former spouses
• Current or former dating partners
• Cohabitating partners (past or present)
• Parents who share a child, regardless of whether they were ever married or lived together

Because the statutory definition is broad, allegations can stem from physical contact, non-physical threats, emotional intimidation, yelling, harassing text messages, or property damage (such as breaking a phone during an argument).

Colorado’s Mandatory Arrest & Protection Order Rules