Domestic violence is not a criminal charge but rather a category used to enhance a criminal charge. DV is defined as anything that is harassing, intimidating, threatening to an intimate partner–that term is not defined. Whether violent or not a criminal charge such as assault or harassment can be labeled “domestic violence”. This label is charged when any act is between two individuals who have or have had an intimate relationship. If the offense is carried out to coerce, control, punish or intimidate the other it is considered domestic violence.
Someone is going to jail if the police are called. They establish if there is probable cause and which partner is guilty of a crime. The police will always arrest someone if the intimate partner claims there was an offense. Now is the time to hire an experience, knowledgeable domestic violence attorney in Denver.
Domestic violence includes violence against any person, property or animals. Examples of a enhanced criminal charge of:
- Harassment such as pushing or shoving
- Disorderly Conduct such as yelling
- Obstruction of Telephone such as throwing away or disconnecting a cell phone
- False Imprisonment such as not allowing a person to leave the room or home
- Menacing such as threatening any kind of harm
- Criminal Mischief such as destruction of property, joint or otherwise
What you should do if you are charged with Domestic Violence
First of all, don’t talk to police or anyone else except your criminal defense attorney. Friends and family may be asked to testify or be interviewed by law enforcement. Your defense attorney will investigate all of aspects of your case to begin the best possible defense in your case.
Questions for the defense include whether or not the incident happened the way the accused says it did. Is there a history of domestic violence? Is there evidence to support the allegation? Probable cause? Witnesses?
What to expect with a domestic violence charge
The prosecutor will try to talk you into taking the first offer and plead guilty at the first court appearance. Your bond may be quite high. As a qualified and experienced domestic violence attorney I will try to argue that bond down and begin negotiations with the district attorney or city attorney for the best possible resolution. Domestic violence is serious and comes with serious consequences.
Along with your bond conditions I will speak with the prosecutor and the court to reduce your bond conditions relating to electronic monitoring ankle bracelet, UA’s and BA’s and limits on contact with the victim and visitation with your children or contact with your pre-trial supervision officers.
Domestic Violence Sentencing
If you are sentenced to domestic violence and charges you will have to take at least 24 weeks of domestic violence classes and treatment. The level of treatment and classes will be determined by Probation. You may be required to do up to a year or more of classes and treatment. You may also have restitution to pay.
A conviction of domestic violence is lifelong. Your conviction cannot be sealed. You may never possess a firearm for any reason including your work, military service and hunting. You may lose you job. You may find difficulty in finding housing.
In your search for a domestic violence lawyer you must take these charges seriously. You need a strong defense attorney to help you.
Domestic Violence and Temporary Protection Orders
A temporary protection order is issued by the court. It states that you may be prohibited from having any contact with the victim including your children. This means no phone calls, texting, harassing, intimidation or retaliation against the victim. You will need to vacate the home. A word of caution. The victim may try to contact you directly or through another party to cause you to violate the protection order. Use caution to avoid this at all costs.
If the protection order is violated you are facing a year in jail or more and will be consecutive to other charges. This is a civil order.
The temporary restraining order may be vacated or made Permanent in a civil court. It may be possible to have the Permanent Protection Order lifted if the victim agrees.
Contact a knowledgeable, qualified and experienced criminal defense attorney today. Philip M. Smith is a domestic violence defense attorney in Denver. Contact me for a free confidential consultation about your case today. 303-333-8900.