Boulder Domestic Violence Defense Lawyer

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boulder domestic violence defense lawyer

One argument, misunderstanding, or false statement can lead to arrest for domestic violence, even before all the facts are clear.

You may feel like you’re being treated as a criminal, kept away from loved ones, and dealing with strict no-contact orders. In moments like these, what you need most isn’t judgment.

You need a Boulder domestic violence defense lawyer who understands the law, believes your story matters, and has the experience to fight for your future.

For a free consultation, please call (970) 219-2923 or send us an online message today.

What Is Domestic Violence in Colorado?

Under state law, domestic violence refers to any act or threat of violence (or property damage, intimidation, or harassment) against a current or former intimate partner. Even minor disputes or emotional conflicts can lead to serious criminal charges once the domestic violence label is added.

Accusations of domestic violence can stem from various situations, such as heated arguments that escalate, false or exaggerated claims after a breakup, or instances of self-defense misinterpreted by law enforcement.

Common Domestic Violence Charges

In Colorado, domestic violence charges often include:

  • Assault or harassment against a spouse, partner, or household member;
  • Criminal mischief related to property damage during disputes;
  • Stalking or harassment through various communication channels; and
  • Violations of protection or restraining orders.

The state operates under mandatory arrest laws, which compel officers to make an arrest if probable cause for domestic violence exists, even if the only evidence is one person’s statement.

Felony vs. Misdemeanor Domestic Violence Charges

In Colorado, domestic violence charges can range from misdemeanors to serious felonies, depending on the alleged offense and whether there are prior convictions

Misdemeanor domestic violence typically involves:

  • Third-degree assault, harassment, or criminal mischief with minimal injury or property damage;
  • Violation of a protection order; or
  • Domestic violence in the presence of a child

Felony domestic violence is more serious and often involves:

  • First- or second-degree assault,
  • Felony stalking, or
  • Repeated domestic violence offenses leading to habitual offender status.

Felony convictions can lead to years in prison, long-term restraining orders, mandatory domestic violence treatment programs, and permanent firearm restrictions. Even misdemeanor convictions can have lifelong consequences, particularly for parents, licensed professionals, and anyone with a public reputation to protect.

What’s at Stake in a Domestic Violence Case?

A domestic violence conviction doesn’t just carry legal penalties. It can drastically alter your life, relationships, and career. 

Beyond jail time or probation, the consequences may include:

  • A criminal record that can never be sealed,
  • Permanent loss of gun ownership rights,
  • Loss of child custody or parenting time,
  • Mandatory counseling and treatment programs, and
  • Social stigma that impacts your career and personal life.

With so much at risk, you need a Boulder domestic violence defense attorney who sees more than the accusations and fights for your side of the story.

Why You Need a Boulder Domestic Violence Defense Lawyer

When facing uncertainty, you want a clear path with a knowledgeable guide. 

Our family violence defense lawyer can:

  • Challenge unlawful arrests or weak evidence;
  • Present evidence, such as texts, recordings, or witness testimony;
  • Argue for dismissal, reduced charges, or diversion programs;
  • Represent you at restraining order hearings; and
  • Prepare a compelling case for trial when necessary.

Working with our DV lawyers early can strengthen your defense because evidence fades, memories change, and chances to change the outcome of a case can disappear quickly. 

Possible Defenses to Domestic Violence Allegations

While each domestic violence case presents unique challenges, the appropriate legal defense can significantly alter the outcome. Depending on your situation, your attorney may build a strategy around one or more of the following defenses.

Self-Defense or Defense of Others

Acting to protect yourself, your children, or another person from imminent harm can justify the use of reasonable force under Colorado law. Police often arrest the wrong person when emotions run high, even the individual who was trying to prevent further violence.

False Allegations

Domestic violence claims are sometimes made out of anger, jealousy, or to gain leverage in custody or divorce proceedings. Demonstrating inconsistencies in statements, a lack of corroborating evidence, or ulterior motives can expose a false accusation.

Lack of Intent

Some charges, like harassment or assault, require proof that you intended to cause harm. Showing that any contact was accidental or not willful can weaken the prosecution’s case.

No Credible Evidence

Domestic violence cases often rely heavily on one person’s word. When physical evidence is lacking or witnesses contradict the story, your attorney can argue that the state has not met its burden of proof.

Violation of Constitutional Rights

Evidence obtained may be suppressible if police enter your home without a warrant or question you without properly advising you of your rights. 

Mutual Conflict or Provocation

When both parties contribute to the altercation, the court may consider the situation differently. Highlighting the dispute’s shared nature can reduce the alleged offense’s severity.

A skilled criminal domestic violence lawyer will analyze every detail, from the initial police report to witness statements, to uncover opportunities for dismissal, reduction, or acquittal.

How Merson Law Office Handles Domestic Violence Defense

At Merson Law Office, LLC, we know that domestic violence accusations are profoundly personal and emotionally charged. For more than two decades, attorney James Merson has defended individuals in Boulder and throughout Colorado against some of the toughest criminal allegations, including high-stakes domestic violence and felony assault cases.

Our firm doesn’t just know the law; we know what you’re going through. We’ll lay out the facts, good and bad, so you can make the best choices for your future. You’re not alone in this. We take pride in our reputation for strong advocacy, courtroom credibility, and a defense approach grounded in law and humanity. When everything you’ve worked for is on the line, we fight like it’s our own future at stake.

You deserve a strong defense that makes sure your side of the story is heard. Our Boulder domestic violence defense lawyer knows how to challenge the state’s case and protect what matters most.

Learn how we can assist you by calling (970) 219-2923 or filling out our online form today. We offer free, initial consultations.

FAQs

Can Domestic Violence Charges Be Dropped in Boulder?

Sometimes, but it’s not up to the alleged accuser. Only the prosecutor can drop charges once they are filed. In Colorado, prosecutors do not have as much discretion to dismiss a domestic violence charge as they do in other cases. A strong legal defense can influence the prosecutor’s decision by exposing weaknesses in the case.

What Happens After a Domestic Violence Arrest?

You will likely be taken into custody and issued a mandatory protection order. A court appearance (arraignment) will follow within a few days. A lawyer at this stage is critical to protecting your rights and pushing back against harsh restrictions.

Can I Still See My Family While My Case Is Pending?

Usually, no, at least not right away. Protection orders often bar contact with the alleged accuser or your children until a hearing. Your lawyer can request modifications to allow communication or visitation when appropriate.

Resources:

  • Colorado Revised Statutes (C.R.S) § 18-6-800.3 – Definition of Domestic Violence, link
  • C.R.S  § 18-6-801 – Penalties and Sentencing, link
  • C.R.S. § 18-3-202 – Assault in the first degree, link 
  • C.R.S. § 18-3-203 – Assault in the second degree, link
  • C.R.S. § 18-3-602 – Stalking, link
  • Colorado Division of Criminal Justice – Domestic Violence Resources, link
  • Denver District Attorney – Domestic Violence Information, link

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Your Future Is Worth Fighting For

You are more than an accusation. We’ll help you fight back, protect your future, and take the next step forward with confidence.