In this week's installment of Simplified Law, we'll take a look at the complex issues surrounding Domestic Violence charges in Denver, Adams, and Jefferson County. Whenever people hear the words “domestic violence,” they shudder and imagine an abusive husband hitting his wife. This mental picture is aided by victim's rights advocates who create posters of battered women with “Stop the Violence” campaigns. While we agree that violence against any person is wrong, we don't think it is right to label all people who are facing Domestic Violence charges as violent, abusive people. Let's take a look at the law to show you what I mean.
The Lawyer's Definition of Domestic Violence
The legal jargon:“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. It is not a stand-alone crime.”
The Simplified Definition of Domestic Violence
The simplified version:“Domestic violence is a sentence-enhancer which is added to any crime which occurs between two people who have been in a relationship.”
Facing Domestic Violence charges?Get Help Now!
A Few Key Points about Domestic Violence Charges
Domestic Violence (DV) is charged all throughout Douglas, Arapahoe, and El Paso County. It is important to understand a few key points about Domestic Violence:
1.It is not a crime in and of itself. Instead, it is added as a label which enhances a crime and creates a longer sentence with special treatment requirements.
2.Domestic Violence doesn't have to involve actual violence; it can be threatened violence as well. It often occurs without any violence or threatened violence involved.
3.“Intimate relationship” doesn't necessarily mean a sexual relationship. A Colorado Supreme Court ruling said that evidence of a sexual relationship “wasn't necessary” for a Domestic Violence conviction.
Examples of Domestic Violence Charges in Colorado
DV charges are often the result of a fight
Here at the O'Malley Law Office, we handle many cases where the Domestic Violence label has been attached. It can be added to almost any crime: Assault Domestic Violence, Harassment Domestic Violence, Disorderly Conduct Domestic Violence, etc. The problem with DV charges is that there is a mandatory arrest attached to it. In other words, if someone calls the police and alleges Domestic Violence, the police will arrest someone 99% of the time, they arrest the man in the situation, often disregarding evidence which proves their innocence. Littleton, Denver, and Aurora police officers rush to protect the woman “victim” of Domestic Violence without asking if the allegations are true.
Facing Domestic Violence Charges? You Need a Lawyer
If you are facing Domestic Violence charges in Colorado, you need to consult with an experienced criminal defense attorney immediately. This is because in all DV cases, a Restraining / Protection Order is issued which greatly restricts the restrained party's rights. They will be unable to own or possess a firearm, may be unable to get a job (because they can't pass security clearances), and their movement will be greatly restricted (because they can't cross paths with the alleged victim). Even contact with your own children can be prevented. Your freedom is at stake in a Domestic Violence case. Don't try to fight on your own. Contact an experienced criminal defense lawyer who can fight on your behalf for justice.
Get Help Now
If you or a loved one is facing a crime with Domestic Violence charges attached, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation
Image courtesy of David Castillo Dominici / FreeDigitalPhotos.net
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