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CALL A DOMESTIC VIOLENCE DEFENSE LAWYER IN GRAND JUNCTION, CO
Colorado laws absolutely require an arrest be conducted once a domestic violence call is made to law enforcement if officers find probable cause. Mandatory arrest is a key component of Colorado domestic violence law. The fact that no one is injured does not mean that you will not be arrested. Even if the parties decide they do not want to continue with any type of report this will not help. Colorado State law requires an arrest if law enforcement believes there is probable cause. This can lead to significant consequences for your entire family, not just the accused. A person must be incarcerated until they go in front of a judge and can face restraining orders . As a result, you may no longer be able to return to your home or have contact with your spouse or your children. If you are accused or convicted of a domestic violence case, you may lose your right to own, possess, collect or use any firearm. From the initial moment that you are brought in by law enforcement, your right to posess a firearm will be temporarily restricted. In order to ensure that the restriction goes away, you should enlist the help of a domestic violence attorney. If you are convicted of a domestic violence offense, you will permanently lose your right to posess a firearm! With these serious consequences surrounding domestic violence cases, taking immediate action to obtain the defense you need is crucial. Whether the charges are warranted or not, protecting your rights will require legal assistance. The state of Colorado takes domestic violence very seriously and you should too. Mr. Gallagher is here to help you tell your side of the story. When searching for an attorney to handle your case, it’s important to find someone who has a great deal of knowledge, experience, and success in defending people against domestic violence charges. Western Colorado domestic violence defense attorney Gordon Gallagher is one of those attorneys. Mr. Gallagher has extensive experience defending clients against domestic violence charges throughout Colorado for years, and has a solid knowledge and understanding of the inner workings of the district attorney's office and the domestic violence laws in Colorado. Contact a Western Colorado domestic violence attorney immediately if you have been accused of or charged with domestic violence. MR. GALLAGHER WILL PROTECT YOUR RIGHTS! |
Mr. Gallagher has been trying and winning domestic violence cases since 1997! Mr. Gallagher's extensive experience in this area, first as a prosecutor and now as a defense attorney is crucial to helping you in this most difficult of times. Don't give up your constitutional rights without doing everything you can to protect them.
Call our office now at 970-256-9191 for a free consultation. |
COLORADO DOMESTIC VIOLENCE LAWS
C.R.S. 18-6-800.3 (2012)
18-6-800.3. Definitions
As used in this part 8, unless the context otherwise requires:
(1) "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
(2) "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
C.R.S. 18-6-801 (2012)
18-6-801. Domestic violence - sentencing
(1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S. If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.
(b) The court may order a treatment evaluation to be conducted prior to sentencing if a treatment evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S.
(c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case.
(2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections.
(3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court. The prosecuting attorney's record and the court's findings shall specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3 (1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.
(4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1).
(5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted.
(6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances.
(7) In the event a person is convicted in this state on or after July 1, 2000, of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3 (1), and that person has been three times previously convicted, upon charges separately brought and tried and arising out of separate and distinct criminal episodes, of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence, the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. If the person is adjudged an habitual domestic violence offender, the court shall sentence the person pursuant to the presumptive range set forth in section 18-1.3-401 for a class 5 felony. The former convictions and judgments shall be set forth in apt words in the indictment or information.
C.R.S. 18-6-803.6 (2012)
18-6-803.6. Duties of peace officers and prosecuting agencies - preservation of evidence
(1) When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 18-6-800.3 (1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission pursuant to the provisions in subsection (2) of this section, if applicable, and charge the person with the appropriate crime or offense. Nothing in this subsection (1) shall be construed to require a peace officer to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence. Additionally, nothing in this subsection (1) shall be construed to require a peace officer to arrest either party involved in an alleged act of domestic violence when a peace officer determines there is no probable cause to believe that a crime or offense of domestic violence has been committed. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer's station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made.
(2) If a peace officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine if a crime has been committed by one or more persons. In determining whether a crime has been committed by one or more persons, the officer shall consider the following:
(a) Any prior complaints of domestic violence;
(b) The relative severity of the injuries inflicted on each person;
(c) The likelihood of future injury to each person; and
(d) The possibility that one of the persons acted in self-defense.
(3) (a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order for the care and control of the child or an order allocating parental responsibilities with respect to the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (3).
(b) For purposes of this subsection (3), "shelter" means a battered women's shelter, a friend's or family member's home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.
(4) (a) The arresting agency shall make reasonable efforts to collect and preserve any pertinent evidence until the time of final disposition of the matter, including, but not limited to, the following:
(I) Any dispatch tape recording relating to the event;
(II) Any on-scene video or audio tape recordings;
(III) Any medical records of treatment of the alleged victim or the defendant; and
(IV) Any other relevant physical evidence or witness statements.
(b) However, in the absence of bad faith, any failure to collect or preserve any evidence listed in paragraph (a) of this subsection (4) shall not be grounds to dismiss the matter.
(4.5) When a peace officer responds to a call or is otherwise responding to a report about an alleged offense involving domestic violence, as defined in section 18-6-800.3 (1), or other domestic dispute, the officer shall include in his or her written or oral report concerning such incident whether children may have seen or heard the alleged offense; except that, in the absence of bad faith, the failure of a peace officer to note that a child may have seen or heard the alleged offense shall not be grounds to dismiss the matter.
(5) A peace officer shall not be held civilly or criminally liable for acting pursuant to this section if the peace officer acts in good faith and without malice.
