Domestic Violence Charges: What Happens Next?

Thu Oct 15th , by NoBull Marketing, on DV Defense | Share

Being arrested or charged with a crime involving domestic violence can have immediate and potentially long-lasting consequences. In Colorado, domestic violence is not a standalone criminal charge, but rather a sentence enhancer that attaches to an underlying offense like assault or harassment. The punishment depends on whether the underlying crime is classified as a misdemeanor or a felony, so a person can face probation, fines, or jail time for an offense. 

Once someone is arrested or charged with a crime, the case enters the criminal court system. Understanding what happens next can help defendants prepare for the legal process and avoid actions that could make the situation worse.

What Happens After a Domestic Violence Arrest?

When law enforcement determines there is probable cause that a crime occurred between people who are or were in an intimate relationship, Colorado law requires an arrest under C.R.S. § 18-6-803.6 and the circumstances described by the district attorney’s office.

After an arrest, the defendant is transported to jail. A bond setting hearing generally takes place within 48 hours after the person arrives at a jail or holding facility. The hearing can take place on weekends and holidays. At the hearing, the defendant is advised of the charges and the court determines the bond amount.

Domestic Violence Fast Track Program

Domestic violence cases can move quickly through the criminal justice system, particularly when the alleged offense is a misdemeanor. In certain parts of Colorado, there is a Domestic Violence Fast Track Program, which was created to accelerate the prosecution of misdemeanor domestic violence offenses while providing opportunities for early intervention and treatment. The program also allows victim participation in the legal process under Colorado’s Victim Rights Act.

Mandatory Protection Order

A defendant seeking to post bond must agree to comply with a Mandatory Protection Order (MPO). The order may require the defendant to:

• Have no direct or indirect contact with the alleged victim or witnesses.
• Leave the victim’s or witness’s home.
• Stay away from locations where the victim or witnesses are likely to be found.
• Surrender firearms and other weapons.

The protection order generally remains in effect throughout the criminal case. A judge can modify its conditions after a request is submitted and considered at a court hearing.

Defendants should carefully review the terms of an MPO and comply with its requirements. Contacting an alleged victim, even if the victim agrees to communicate, can create additional legal problems when the order prohibits contact. This means that if the MPO prohibits contact, you should not contact your spouse. The order should be followed unless a judge modifies it. 

Legal Options

The defendant may have an opportunity to speak with a deputy district attorney about a potential plea agreement. Before considering a plea offer, the prosecutor may review police reports and the defendant’s criminal history and discuss the case with the victim.

A plea agreement is one possible resolution, but a defendant can also be convicted following a trial. When a defendant accepts a plea agreement or is otherwise convicted of a crime based on facts that include an act of domestic violence, Colorado law requires a treatment evaluation and treatment program. If a defendant does not accept a plea offer, the case is scheduled for a jury trial. 

Can the Alleged Victim Drop the Charges?

A common misconception is that the alleged victim can simply decide to drop domestic violence charges.

Criminal charges are brought by the government, not by the alleged victim. As a result, the alleged victim generally does not have any authority to dismiss the case. The prosecution may consider the alleged victim’s wishes and other evidence when deciding how to proceed, but the decision belongs to the prosecutor and ultimately the court.

FAQs

Q: What happens if an MPO is violated?

A: Violating a protection order can result in additional legal consequences. A defendant should take any alleged violation seriously and consult an attorney rather than attempting to resolve the situation directly with the protected person.

Q: Can a domestic violence case be dismissed?

A: Yes, under certain circumstances. For example, prosecutors may decide not to pursue charges if there is insufficient evidence to prove the underlying offense. A case may also be dismissed following legal or procedural issues.

Q: Can a domestic violence case affect firearm ownership?

A: Potentially. Protection orders and domestic violence convictions can result in firearm restrictions under state or federal law. Anyone facing such a case should obtain legal advice before possessing, purchasing, or attempting to transfer a firearm.

Q: Is domestic violence treatment required after a conviction?

A: A qualifying conviction or plea involving domestic violence can result in requirements for a treatment evaluation and treatment program that meet standards established by Colorado’s Domestic Violence Offender Management Board.

Q: Can a domestic violence charge affect child custody?

A: It can. A domestic violence allegation or conviction may become relevant to family law proceedings involving parenting time and decision-making responsibilities. The impact depends on the facts and circumstances of the individual case.

Q: How long does a Fast Track domestic violence case take?

A: There is no single timeline for every case. The program is intended to accelerate misdemeanor domestic violence cases, but the length of a case can depend on the charges, court scheduling, plea negotiations, and whether the case proceeds to trial.

Contact Us Today

Domestic violence incidents often occur in the heat of the moment. However, such a lapse in judgment can have long-lasting consequences. 

An arrest for domestic violence can impact your freedom and future. Anyone facing a domestic violence charge should consider speaking with a criminal defense attorney as early as possible. A Denver criminal defense attorney from Geman Criminal Defense can assist you with your case. We can explain the charges, review the evidence, and help you understand potential options. Schedule a consultation with our office today by calling (719) 350-4145 or filling out the online form.