What happens in Colorado?
In the state of Colorado, people convicted of Domestic Violence are required to complete a Domestic Violence treatment program based on the Domestic Violence Offender Management Board. In addition, your name will be added to a CBI database. All of this takes place before you have even been proven guilty, C.R.S. 16-11.8-103. If you are thinking that this does not seem fair, then you are right. Call our attorneys at the O'Malley Law Office so we can defend your rights and protect you from this onerous law. We believe you are innocent until proven guilty – despite what the government says.
Know What You Are Up Against
Before admitting guilt or taking any plea bargain, you must understand that that government lawyers and judges in Jefferson and Adams County don't care about consequences to you when it comes to the charge of domestic violence. Unfortunately, this attitude results in strict monitoring by breath samples, urine screens and GPS devices. No one in government wants to be accused of being too soft on Domestic Violence.Pretrial services and probation tend to give everyone the same level of supervision, regardless of the offense.
Pretrial services and probation have a tendency to lump everyone into the same category and give them the same level of supervision and treatment. A conviction can result in an assessment of over 200 dos and don'ts, in which a DV counselor dives into every part of your background. Participation in a minimum mandatory 36 week class Domestic Violence treatment program is mandatory, despite the facts of your case. Officials in Larimer, Adams and Denver County do not want a case to come back and bite them, so to speak. So, they cover all their bases by lumping everyone into the same level of treatment and supervision. Since there is no differentiation, the divorced spouse who constantly calls and hangs up on his ex-wife (Harassment, C.R.S. 18-9-111) is placed in the same group as the husband who beats his wife until she cannot stand up. While someone might need a few counseling sessions, and the other might need advanced Domestic Violence treatment, they all get the same treatment program and sentence. Don't let this to happen to you.
All treatment providers must be approved by the Domestic Violence Board, so don't search for one by yourself or start treatment until you've consulted with an attorney.
Taking Action to Establish Your Domestic Violence Defense
Because all counselors must be approved by the Domestic Violence Board, it is better to not go searching for one by yourself. Also, do not start treatment until your lawyer tells you to. What is considered initiative on your part will not be taken into account by the judges in El Paso, Arapahoe and Douglas County. We are familiar with treatment providers across Colorado and can put you in contact with those who are more humane.