Being charged with domestic violence in Denver can feel like your entire world is collapsing. Securing an experienced Denver domestic violence lawyer is crucial to fight the charges, avoid jail time, and protect your record and reputation. These allegations strike at the heart of your most intimate relationships, threatening your reputation, career, family bonds, and even your freedom. The immediate consequences—mandatory arrest, restraining orders, and the stigma that follows—create a perfect storm of legal and emotional turmoil that can leave you feeling distressed and uncertain about your future.
Prager Law provides dedicated representation as a Denver domestic violence lawyer with the experience and strategic approach needed to navigate these complex charges. Founded by Steve Prager, a former supervisor in the El Paso County District Attorney’s Office with insider knowledge of how prosecutors build domestic violence cases, our firm offers uniquely qualified defense representation. Our clients trust us because we understand both sides of the courtroom. If you’re facing domestic violence charges, call 720-303-1044 or contact us online for immediate assistance.
Defense Against Domestic Violence Charges with an Expert Denver Domestic Violence Lawyer
Colorado’s approach to domestic violence is notably strict, with consequences that extend far beyond the courtroom. Unlike many states, Colorado doesn’t have a separate statute for domestic violence—instead, it acts as a “sentence enhancer” that can be attached to various underlying crimes when they involve an intimate relationship.
These charges commonly include:
- Assault (misdemeanor or felony)
- Harassment
- Menacing
- False imprisonment
- Stalking
- Property crimes
- Child abuse
- Violation of protection orders
Colorado’s mandatory arrest policy means that if police respond to a domestic disturbance and find probable cause to believe a crime involving domestic violence occurred, they must make an arrest—even if the alleged victim doesn’t want to press charges. Once arrested, these cases are fast-tracked through the court system, giving you little time to prepare an adequate defense without professional legal guidance.
Penalties vary based on the underlying charge but typically include jail time, hefty fines, mandatory domestic violence treatment programs, and probation. More importantly, a domestic violence conviction creates a permanent criminal record that follows you throughout life. For those with prior domestic violence convictions, Colorado’s “habitual offender” enhancement can convert misdemeanors to felonies after three convictions.
Restraining Order and Protection Order Representation
Protection orders (also called restraining orders) are almost always issued in domestic violence cases, and violating them can result in additional criminal charges—even if the protected person initiated the contact.
In Colorado, there are two main types of protection orders:
- Temporary Protection Orders (TPOs): Issued immediately after arrest and typically remain in effect until the criminal case is resolved
- Permanent Protection Orders: Can be issued after a court hearing and may remain in effect indefinitely
These orders commonly prohibit:
- Contacting the protected person by any means
- Coming within a specific distance of the protected person
- Returning to your shared home
- Possessing firearms
A violation of a protection order is a separate criminal offense that can result in additional charges and penalties, regardless of the circumstances of the violation. Even if the protected person invites contact, you can still be arrested for violating the order.
Our firm provides comprehensive representation for protection order hearings, helping to fight against false claims and working to modify or terminate existing orders when appropriate. We also counsel clients on living with protection orders to avoid inadvertent violations.
Domestic Violence Case Dismissals and Reductions
Despite Colorado’s tough stance on domestic violence, there are several potential pathways to having charges dismissed or reduced:
Pretrial Diversion Programs: In some cases, especially for first-time offenders, prosecutors may offer diversion programs that allow you to complete certain requirements (like counseling) in exchange for dismissal of charges.
Deferred Judgments: Similar to diversion, a deferred judgment allows you to enter a guilty plea that is later withdrawn and the case dismissed after successful completion of court-ordered conditions.
Plea Negotiations: An experienced attorney can often negotiate to have domestic violence enhancers removed from charges or reduce felony charges to misdemeanors.
An experienced criminal defense attorney can be instrumental in securing favorable plea negotiations.
Treatment-Based Resolutions: Completion of domestic violence treatment programs may lead to reduced charges or favorable sentencing terms.
Constitutional Challenges: In some cases, evidence may have been obtained through improper searches or interrogations, providing grounds for dismissal.
Each case is unique, and the specific strategy depends on factors including evidence strength, witness cooperation, your prior record, and the prosecutor’s position. Our approach begins with a thorough case evaluation to identify all possible avenues for charge reduction or dismissal.
Emergency Defense Services
The hours immediately following a domestic violence arrest are critical. Decisions made during this period can greatly impact your case outcome. Our emergency defense services include:
- Immediate Legal Representation: We can often arrange to speak with you while you’re still in custody to provide guidance before interrogation.
- Bail Hearing Advocacy: We fight for reasonable bail terms and conditions of release that allow you to maintain employment and important family responsibilities.
- Protection Order Defense: We prepare you for the initial protection order hearing and develop strategies to minimize restrictions.
- Evidence Preservation: We take immediate steps to preserve evidence that might otherwise be lost, including witness statements, digital communications, and physical evidence.
- Case Assessment: We provide an honest evaluation of your situation and outline potential defense strategies based on the specific facts of your case.
The sooner you secure legal representation after a domestic violence arrest, the more options you’ll have. Early intervention can sometimes prevent charges from being filed altogether.
Understanding Colorado Domestic Violence Laws
Colorado defines domestic violence as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” This definition extends beyond physical violence to include property crimes when used to coerce, control, punish, intimidate, or seek revenge against an intimate partner.
An “intimate relationship” under Colorado law includes:
- Current or former spouses
- Current or former unmarried couples
- Persons who share a child regardless of whether they’ve lived together
This broad definition means that domestic violence charges can arise from relationships that ended years ago, and the classification doesn’t require that the parties ever lived together.
Colorado’s no-drop prosecution policy means that once charges are filed, only prosecutors can dismiss them—not the alleged victim. Prosecutors must declare under oath that they cannot prove the case beyond a reasonable doubt to dismiss domestic violence charges.
Collateral Consequences of Domestic Violence Convictions
The repercussions of a domestic violence conviction extend far beyond court-imposed penalties. In terms of employment, many employers conduct background checks, and a domestic violence conviction can make finding or keeping employment difficult, especially in fields requiring public trust. Housing opportunities also diminish as landlords routinely screen for criminal history, and domestic violence convictions often result in rental application denials. Your professional career may be jeopardized as many professional licenses (medical, legal, teaching, etc.) can be suspended or revoked following a domestic violence conviction. Family relationships suffer too, as family courts consider domestic violence convictions when determining parenting time and decision-making authority, often resulting in supervised visitation or loss of custody. Additionally, federal law permanently prohibits possession of firearms by anyone convicted of a domestic violence offense, even a misdemeanor. For non-citizens, the stakes are even higher, as domestic violence convictions can trigger deportation proceedings or prevent naturalization. These collateral consequences often outweigh the direct penalties imposed by the court, making experienced legal representation necessary even for seemingly minor charges.
The Domestic Violence Court Process in Denver
- Arrest and Booking: Following arrest, you’ll be fingerprinted, photographed, and held without bond until seeing a judge.
- First Appearance/Advisement: Within 24-48 hours, you’ll appear before a judge who will advise you of your charges, set bond, and issue a temporary protection order.
- Pre-Trial Conference: This meeting between your attorney and the prosecutor may result in a plea offer or request for additional investigation.
- Motions Hearings: Your attorney may file motions to suppress evidence or dismiss charges based on legal issues.
- Trial: If your case proceeds to trial, it may be a jury trial or bench trial (decided by a judge), depending on the charges.
- Sentencing: If convicted, sentencing typically includes domestic violence treatment, probation, and possibly jail time.
Throughout this process, the court may require regular check-ins, drug testing, or other supervision. Missing court appearances can result in additional charges and immediate arrest.
Building a Strong Defense Strategy
Effective domestic violence defense requires a multifaceted approach centered on thorough investigation. We meticulously examine police reports for inconsistencies, interview witnesses, review medical records, and analyze communication history between parties. Context analysis is critical as we work to understand the full relationship dynamic, recognizing that many domestic incidents represent isolated conflicts within otherwise healthy relationships. When appropriate, we develop evidence supporting legitimate self-defense actions that have been mischaracterized as domestic violence. Unfortunately, domestic violence allegations are sometimes fabricated during divorce or custody disputes, so we carefully identify motivations and inconsistencies that suggest false accusations. When mental health issues contribute to allegations, we may incorporate treatment approaches into defense strategies. For complex cases, we consult with medical experts, psychologists, or other specialists to challenge prosecution evidence and provide alternative explanations for the prosecution’s claims. The most effective defense strategy depends entirely on your specific situation, which is why our approach begins with a comprehensive case review and continues with personalized attention throughout your case.
Why Experience Matters in Domestic Violence Cases
Domestic violence cases present unique challenges that require specialized knowledge. In these situations, consulting with a seasoned criminal defense lawyer can be crucial to your defense.
Experienced attorneys understand the tendencies of specific judges and prosecutors, allowing for more effective negotiation and presentation in the courtroom. Their familiarity with approved treatment providers and programs enables them to recommend options that match your specific needs and circumstances. Years of practice provide the ability to quickly identify weaknesses in the prosecution’s case—a skill that comes from handling numerous similar situations. Domestic violence cases involve specific procedural requirements that inexperienced attorneys might miss, potentially compromising your defense. Beyond legal strategy, an experienced attorney provides not only legal guidance but also helps manage the intense emotions these cases generate for all parties. Our founding attorney’s background as a former prosecutor provides invaluable insight into how these cases are built and where they’re vulnerable to challenge. This perspective proves vital when crafting effective defense strategies tailored to your unique situation.
Common Questions
What should I do immediately after being arrested for domestic violence in Denver?
Exercise your right to remain silent and request an attorney immediately. Do not attempt to explain your side of the story to police, as statements made without legal counsel present are often misinterpreted and used against you. Comply fully with the temporary protection order, even if you believe it’s unfair or the alleged victim contacts you.
Can domestic violence charges be dropped in Colorado?
Charges can be dropped, but only by the prosecutor, not the alleged victim. Colorado’s no-drop policy means prosecutors must be convinced they cannot prove the case beyond a reasonable doubt. An experienced attorney can often identify and present evidence that leads prosecutors to this conclusion, particularly in cases involving false allegations or mutual combat.
How will a domestic violence charge affect my child custody rights?
Domestic violence charges typically result in temporary restrictions on parenting time, usually requiring supervision. If convicted, these restrictions often become permanent features of parenting plans. Courts prioritize child safety above all other considerations, making domestic violence allegations particularly damaging in custody disputes.
What is the difference between misdemeanor and felony domestic violence in Colorado?
The difference depends on the underlying charge, not the domestic violence designation itself. Misdemeanor domestic violence typically involves less serious assaults, harassment, or property damage, with penalties including up to 18 months in jail. Felony domestic violence involves more serious bodily injury, use of weapons, or prior convictions, carrying potential prison sentences of 2-32 years depending on the specific charge.
Can I get a domestic violence conviction sealed or expunged in Colorado?
Domestic violence convictions generally cannot be sealed in Colorado. State law specifically prohibits sealing records for convictions that include domestic violence as a sentencing enhancer. However, cases that were dismissed or resulted in acquittal may be eligible for sealing after specific waiting periods.
How much does a Denver domestic violence lawyer cost?
Fees for a Denver domestic violence lawyer can vary widely depending on the attorney, case complexity, and whether the case goes to trial. Misdemeanor cases generally cost less than felonies, and negotiated resolutions are less expensive than trials.
What happens if the alleged victim wants to drop the charges?
The prosecutor, not the victim, makes the final decision on whether to proceed with charges. However, an uncooperative victim makes prosecution more difficult. Your attorney can help communicate the victim’s wishes to the prosecutor in a way that maximizes the chance of dismissal while avoiding allegations of witness tampering.
Will I lose my right to own firearms if convicted of domestic violence?
Yes, federal law permanently prohibits firearm possession for anyone convicted of domestic violence, even a misdemeanor. This prohibition applies nationwide and has no expiration date.
Do You Need Legal Help with Your Colorado Criminal Charges?
If you or someone you love is facing criminal charges in Colorado, don’t wait — contact the Colorado criminal defense lawyers at Prager Law today. Criminal charges are terrifying, and you deserve more than a cookie-cutter defense. At Prager Law, we provide personalized legal representation backed by real trial experience and insider knowledge of how prosecutors think.
Founding attorney Steve Prager is a former supervisor in the El Paso County District Attorney’s Office. He’s handled more than forty jury trials and trained new prosecutors — giving him rare insight into how cases are built and, more importantly, where they fall apart. That experience can be the difference between a conviction and a second chance.
Call 720-303-1044 or contact us online to discuss your case. We’ll review your situation, explain your legal options, and start building a strategic defense — one built just for you.
