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Criminal Defense Lawyer in Denver Explains Things You Should Know About Domestic Violence


June 21, 2017

In Colorado, domestic violence occurs when an individual commits an act of violence or threatens to commit an act of violence against someone that he has or has had an intimate relationship with. Other crimes that are committed as a way to coerce, punish, intimidate, or control an intimate partner can also be considered domestic violence. For example, destroying your spouse’s property as a way to intimidate him or her is domestic violence. If you are accused of domestic violence, you will face serious penalties that will affect you for the rest of your life. Here’s what a criminal defense lawyer in Denver thinks you should know:

There are mandatory arrest laws in Colorado.

If police officers believe you have committed domestic violence, they must arrest you because of the state’s mandatory arrest laws. This is true even if the victim of the crime tells the police officers that he or she does not want to press charges against you. Likewise, victims cannot ask law enforcement officers to drop the case against you after you have been arrested and charged.

A mandatory protective order will be issued.

As soon as you are arrested for domestic violence, a mandatory protective order will automatically be issued against you. This order will prevent you from getting into contact with the victim of the crime. Due to this mandatory order, you may be required to:
  • Stay away from the victim’s home (even if it is your house, too)
  • Refrain from consuming alcohol
  • Possess no weapons
  • Avoid communication—either direct or indirect—with the victim even if the victim attempts to contact you
If you violate any of the terms of the protective order, you will be charged with a misdemeanor crime and will face additional penalties.

A domestic violence conviction will affect your ability to own a firearm.

There are federal and state laws in place that prevent those who have been convicted of domestic violence from owning firearms. Even if you legally purchased the gun prior to being accused of domestic violence, you no longer have the right to own the weapon if you have been convicted of this crime. Learn more about domestic violence and firearms in Colorado.

You may be labeled as a habitual domestic violence offender.

If you have three convictions on your record that involved domestic violence, the next time you are convicted of domestic violence, you will be labeled as a habitual domestic violence offender. This means you will face much more serious consequences for your fourth conviction, including increased fines and longer prison sentences, because you have been labeled as a habitual offender.
 
The consequences of a domestic violence charge are serious and can greatly affect your life for years following the conviction. If you have been accused of domestic violence, contact the Law Office of John Buckley right away. We work tirelessly to defend your rights and ensure you receive the best legal representation possible. Contact John L. Buckley as soon as possible to schedule a legal consultation regarding your case.