A disagreement at home escalated. Maybe it was a heated argument or a misunderstanding with a partner. But now you’ve been arrested, possibly served with a restraining order, and charged under Colorado domestic violence laws. Your job, reputation, and freedom may all be at risk, and you need answers quickly. That’s when you need a Colorado domestic violence defense lawyer.
What Is Considered Domestic Violence in Colorado?
Under Colorado law, domestic violence isn’t a separate criminal offense. It’s a label or enhancement added to other crimes, like assault or harassment, if:
- The accused and alleged victim share a close personal relationship, and
- The act is intended to coerce, punish, control, intimidate, or exact revenge.
This law doesn’t limit domestic violence to just romantic partners. It applies to spouses, former spouses, dating partners, roommates, and even co-parents who don’t live together.
Penalties for Domestic Violence in Colorado
Depending on the severity of the charges, a domestic violence conviction can lead to criminal and civil penalties, including:
- Jail or prison time—can range from days for misdemeanors to years for felony charges;
- Mandatory protection orders—may force you out of your home or restrict contact with your children;
- Loss of firearm rights under federal law—could prohibit firearm possession after a qualifying domestic violence conviction;
- Domestic violence treatment—the court can order such treatment as a condition of your sentence; and
- Loss of employment or professional license—this is especially true for those in healthcare, education, or law enforcement.
Repeat offenders may also face designation as a habitual domestic violence offender. This designation can have the impact of turning a misdemeanor into a felony. These penalties can have a ripple effect, touching your freedom, finances, and future relationships.
We Can Help with Your Criminal DV Case
Domestic violence charges are not limited to spousal abuse or spousal assault. Charges can be brought between partners, family members and others in a close relationship. Charges can also include accusations of assault, harassment, child abuse, stalking or threats. There are two sides to a domestic violence charge: the criminal case and the civil case. With the criminal case, you face potential jail time, fines and a criminal record. On the civil side, you could have a restraining order, also known as a protection order, filed against you.
As your Colorado domestic violence attorney, I can defend you from the criminal charges and help you with the restraining order. If you have a restraining order, there is a limited amount of time before you will be required to appear in court. I can help you prepare for the hearings, on the criminal and the civil side and represent you in court. Do not let domestic violence charges ruin your life. I serve clients all across Western Colorado. Contact my law offices and hire me as your trusted Colorado domestic violence lawyer.
Defenses for Domestic Violence
False accusations and misinterpretations happen more often than people think. As your attorney, I will examine the facts, challenge the prosecution’s narrative, and explore all available defenses for domestic violence charges, such as:
- The accusation was false. The alleged incident may never have occurred, or emotions may have fueled an exaggerated claim.
- You acted in self-defense. This is a valid legal defense if you used reasonable force to protect yourself or someone else.
- There was no intent to intimidate or harm. For the domestic violence enhancement to apply, prosecutors must prove that you intended your actions to control or punish the other person.
- The evidence is weak or circumstantial. Police often make arrests based on limited or conflicting information. If the evidence is weak, it likely will not prove the charges beyond a reasonable doubt.
- Violation of rights during arrest or investigation. If the police failed to advise you of your rights, conducted an illegal search, or made an arrest without probable cause, we can petition the judge to suppress key evidence.
No matter the details, your defense deserves careful, experienced attention. These cases move quickly, especially in counties with fast-track domestic violence dockets like the one in the 4th Judicial District DV Program.
Experienced Domestic Violence Defense Attorney Serving Western Colorado Regions
Prosecutors and law enforcement take domestic violence accusations seriously. You should too. A domestic violence charge can keep you from returning home and seeing your family, in addition to the criminal record, jail time, and fines you could be facing if convicted. At the law offices of Mark S. Rubinstein, P.C., I provide aggressive and skilled defense from domestic violence charges in Colorado. I will thoroughly investigate the circumstances that led to your arrest in order to build your defense and ensure that your rights were not violated during the process. At every stage, I will work to have charges dismissed or the penalties reduced in your case.
If you have been arrested for assault, harassment or domestic violence, please contact my law offices online or call me at 970-704-0888 (1-855-704-0888 toll free). I am dedicated to making myself accessible to my clients by phone or e-mail. I can also travel to meet you, if necessary.
Other Practice Areas We Offer
In addition to defending our clients against domestic violence charges, we also offer criminal representation for the following matters:
- DUI / DWI / DWAI (i.e. driving under the influence of alcohol / drunk driving);
- DUID (i.e. driving under the influence of drugs);
- Traffic offenses;
- Theft, larceny, grand theft, and burglary;
- White-collar crimes, fraud, and embezzlement;
- Assault, battery, and other violent crime charges;
- Drug possession, distribution, selling, dealing, or drug trafficking;
- Internet crimes; and
- Expungement and sealing of criminal records.
My firm has vast experience and is well-equipped to handle various criminal cases. Whether you are facing a misdemeanor or felony charge, we are dedicated to providing aggressive and effective legal representation.
Now Is the Time to Take Charge of Your Domestic Violence Defense
With over 30 years of experience, I’ve defended people across Colorado against serious criminal charges, including domestic violence. I’m not part of a large firm with rotating staff or junior associates. I take each case personally because I know what’s on the line. From your initial consultation to your court date, you’ll speak directly with me, not a middleman.
Whether you’re dealing with misdemeanor charges or a possible felony, I’m here to help you fight back and move forward. I craft legal strategies based on the unique facts of your case, not cookie-cutter defenses or assumptions.
Allegations of domestic violence can throw your life into disarray, but working with a knowledgeable Colorado domestic violence defense lawyer allows you to challenge unfair charges and protect your reputation and future. If you’re facing accusations, contact me to start your defense.
Resources
- DV Fast-Track Courts. 4th Judicial District Attorney (Colorado Springs), link.