Domestic Violence Defense Attorney in Denver, Colorado
Have you been charged with a Colorado Domestic Violence or Domestic Assault charge in the Denver area? Any act, whether violent or not, can be charged as “domestic violence.” Domestic violence is a label that can be put on almost any crime. Domestic Violence charge can be very serious and you need a highly experienced attorney for the best possible outcome.
Philip M. Smith • Attorney • Denver, Colorado
Criminal Domestic Violence
Free Consultations • Call 303) 333-8900 • Email
If the police are called, someone is going to jail. The police are required to make an arrest if there is probable cause. Peace officers are always going to make an arrest when one of the domestic intimate partners is claiming an offense.
In Colorado, “probable cause” can be just about anything. If the act, or threatened act, is done to coerce, control, intimidate, punish, or take revenge on an intimate partner or former intimate partner it is considered Domestic Violence. This includes offenses against any person, property, or animals. Some examples:
- Criminal Mischief: Destruction of one’s own or jointly owned property, throwing something at a wall
- Disorderly Conduct: Yelling
- Harassment: Pushing
- Obstruction of Telephone Service: Disconnecting the other person’s phone call or text
- False Imprisonment: Not letting the other person go through a door
- Menacing, Harassment, Disorderly Conduct: Threatening almost any kind of harm
- Tampering with or Intimidating a Witness: Telling the victim what to tell the cops
What Should You Do if You’ve Been Charged with Domestic Violence?
Do not discuss what happened with ANYONE except your attorney. Children, parents, friends, and cell mates can all be used as witness against you. Call me, Philip M. Smith,Denver Domestic Violence Attorney to discuss you case, 303-333-8900. Because allegations of domestic abuse are often made out of anger and are often overstated if not outright false, I conduct a thorough investigation to create the best possible defense for my client.
- What evidence is there that my client committed an offense?
- Did the incident occur the way the alleged victim states?
- Has there been a history of false accusations?
- Was there probable cause for an arrest?
- Were there any witnesses?
Domestic Violence Criminal Charge
Once arrested on a domestic violence criminal charge, the person is not allowed to post bond until going before a judge. Bond amounts can be set at unreasonably high amounts. Many prosecutors will try to bully you into pleading guilty at the first court date. As an experienced domestic violence attorney familiar with the serious consequences of a domestic violence charge, I will speak directly with the court and prosecutor to reduce and minimize your bond and bond conditions such as an electronic monitoring ankle bracelet, required UAs And BAs, no or limited contact with the victim, visitation with your children or contact with pre-trial supervision officers.
Domestic Violence Sentencing and Conviction
Sentencing on a domestic violence conviction will ALWAYS have at least 24 weeks of classes of domestic violence treatment. Many defendants will be required to do up to a year or more of classes and treatment. The standards for what level of treatment one gets and when they can stop is quite arbitrary. This system is new and we are waiting to see how well or how badly it works.
A criminal conviction is lifelong. A domestic violence criminal conviction can never be Sealed. You may never possess a firearm again—for any purpose, work, armed forces, or hunting.; Conviction can result in losing your job or not being able to rent an apartment.
Having represented hundreds of clients that have been charged with domestic violence, Criminal Defense Attorney Philip Smith, will advise you through this complicated and stressful time.
Domestic Violence Protection Orders and Restraining Orders
The court will always issue a Protection Order which is a civil matter. A Temporary Restraining Order may prohibit contact of any kind with the victim or it may be to simply not harass, intimidate, or retaliate against the victim. It may prohibit the use of alcohol. It will always prohibit possession of firearms. A defendant will usually have to vacate the family residence. Having someone pass a message for you to the victim, no matter how innocent, will violate this law. As a note of caution, the victim might intentionally cause you to violate the Protection Order. The TRO will either be vacated or made Permanent by court order during the course of the criminal case
Whatever the limits, if this order is violated, punishment can be a year in jail or more, and has to be consecutive to any other sentence. It may be possible to have the Permanent Restraining Order lifted by the court if the victim agrees. This is a separate legal action.
Contact My Denver, Colorado Law Office
If you need a domestic violence criminal defense Denver Attorney to fight a domestic violence charge, or if you have questions about domestic violence, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.
