In the heat of an argument or when a relationship ends, allegations of domestic violence are sometimes made and the police get involved. These allegations could be motivated to get the upper hand in a divorce or child custody proceeding.  Mandatory arrest laws, protection orders that keep you away from your family, and the label of an abusive spouse make this type of charge overwhelming and terrifying.    

Can't I just get the charges "dropped"?

The same Colorado laws that all but require police to arrest a person during a domestic violence call also forbid a prosecutor from dismissing a domestic violence case unless they believe they cannot prove it at trial.  In other words, even if the person originally labeled a "victim" goes on to tell the prosecutor (and even the judge) that "nothing happened," the prosecutor is not permitted to dismiss the charges.  Colorado's domestic violence statutes make this type of charge especially complicated to navigate.  You want to be sure you have an experienced advocate working on your behalf.    

What is a protection order? 

Colorado law requires that a "Criminal Protection Order" be issued any time there is a criminal charge.  Many people do not realize that violation of this protection order is itself a crime.  Most of the time, this protection order will simply tell a defendant not to harass any victim or witness in a crime.  However, in domestic violence cases, judges will typically attach many other conditions to the protection order, restricting contact with a spouse to the phone, in public places, or sometimes, not at all.  When a married couple have children together, depend on each other's income to manage the family finances, and are very interdependent, this can be a nightmare to navigate.  The good news is that protection orders can be modified by a judge.  We understand how protection orders work and the best ways to get them altered while you fight your case. 

What is a "domestic violence" enhancer?

In Colorado, any crime in the criminal code can be given a DV label.  "Domestic violence" has a very broad definition, and it includes "any act or threatened act of violence with whom the actor is or has been involved in an intimate relationship."  Domestic violence also includes crimes against a person, property, or an animal, when the act is "used as a method of coercion, control, punishment, intimidation, or revenge."  C.R.S. 18-6-800.3.

What is domestic violence treatment?

In addition to whatever penalty is imposed for the underlying conviction, a person convicted of a DV enhancer is required to undergo a "domestic violence treatment evaluation" and comply with any recommended treatment.  The Domestic Violence Offender Management Board puts forth recommendations that are sometimes incorporated into a domestic violence sentence.  The DVOMB treatment guidelines can be found here.  

Can I own a gun if I've been convicted of domestic violence?

It depends.  Federal law outlaws possession of a firearm by a person convicted of domestic violence.  However, the federal definition of "domestic violence" is much more narrow than the Colorado definition.  In other words, just becuase something is "domestic violence" under Colorado law does not necessarily mean it counts under the federal statute. 

You Will Need an Experienced Criminal Defense Attorney.

If you have been accused of a domestic violence crime, the consequences can be drastic and far reaching.  Do not go into the fight without an experienced advocate.  Choosing an experienced lawyer is the best decision you can make early on in your case.  The Merson Law Office provides DV defense services to Longmont, Firestone, Frederick, Lyons, Mead, Niwot, Berthoud, Erie and Dacono. To schedule a free consultation, call The Merson Law Office at 970-219-2923 or fill out our line form here.  ​​
Merson Law Office, LLC
636 Coffman, Suite 200
Longmont, Colorado 80501
(970) 219-2923 or ​(303) 776-3511​​
Hours: 9:00 am - 5:00 pm
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.