Legally Reviewed by Shazam Kianpour on June 22, 2026
Has a family member been arrested on domestic violence charges in Aurora? Are you facing a situation where they must spend the night in jail and you don’t know when they will be released? When someone is arrested for domestic violence in Colorado, the law requires them to remain in custody overnight with no bond set immediately. Police officers often tell families there is nothing they can do, because Colorado’s mandatory arrest laws give them no choice when responding to a domestic violence call.
At Shazam Kianpour & Associates, P.C., we understand the stress and fear you are experiencing right now. With 22+ years of criminal defense experience, a dual prosecution and defense background, and more than 10,000 cases handled, our team brings the aggressive representation and personal attention your case demands. We know the mandatory hold period creates uncertainty and disruption for families across Aurora and the Denver metro area, and we are ready to step in early to begin building your defense.
⚠ Time-Sensitive — Mandatory Overnight Hold Until First Appearance
Arrested for domestic violence in Aurora? Colorado law requires an overnight hold with no bond until a judge issues a mandatory protection order at the next-day hearing. The alleged victim cannot drop the charges. Get a defense lawyer in place before that hearing.
22+ years of criminal defense experience. Dual prosecution and defense background. 10,000+ criminal cases handled. Available 24/7 after an arrest.
When someone is arrested for domestic violence in Aurora, they must spend the night in jail during what is called a “cooling down period.” Unlike most other criminal charges where bond can be set the same day, domestic violence arrests require the accused person to remain in custody until a judge can issue a mandatory protection order the following day. The judge cannot set bail until this protection order is in place, which means families must wait through an overnight hold before their family member can be released.
Under Colorado’s mandatory arrest statutes, summarized by the Fourth Judicial District Attorney’s domestic violence program, police officers must make an arrest when called to a domestic violence scene if they find probable cause that violence or threats occurred between intimate partners or household members. Officers have no discretion in this matter, which explains why they tell families there is no choice but to take someone into custody. The mandatory hold period and protection order requirement apply to all domestic violence cases in Colorado, regardless of the severity of the allegations.
This overnight custody period affects not just the accused person but their entire family, creating immediate concerns about employment, childcare, and financial obligations. We help families navigate the challenging first 24 hours and prepare for the bond hearing, where a judge will set bail terms and issue the mandatory protection order that dictates contact restrictions going forward.
The bond hearing typically occurs the day after arrest, once the mandatory overnight hold period concludes. At this hearing, a judge reviews the allegations, considers the accused person’s criminal history and ties to the community, and then sets bond conditions. Before setting bond, the judge must issue a mandatory protection order that prohibits the accused from contacting the alleged victim, returning to a shared residence, or possessing firearms.
These protection orders remain in effect throughout the criminal case and can be modified only by court order. Violating a protection order creates additional criminal charges and complicates your existing domestic violence case. The bond conditions set at this hearing often include additional restrictions beyond the protection order, such as electronic monitoring, substance abuse testing, or check-ins with pretrial services.
Our attorneys attend bond hearings to advocate for reasonable bond amounts and conditions that allow clients to maintain employment and family responsibilities while their case proceeds. We challenge excessive bond requests from prosecutors and present information about your community ties, employment history, and lack of flight risk to secure the most favorable terms possible.
The most frequently filed domestic violence charges in Aurora include harassment, assault in the third degree, and criminal mischief when committed against an intimate partner or household member. These charges often arise from heated arguments that escalate, misunderstandings during stressful situations, or false allegations made during contentious relationship breakups or custody disputes.
Third-degree assault becomes domestic violence when committed against a current or former intimate partner, and penalties increase significantly with this designation. Criminal mischief charges may apply when property is allegedly damaged during a domestic dispute, while harassment can be filed for unwanted contact or communication attempts. Colorado law defines domestic violence broadly to include any act of violence, intimidation, or harassment between people in intimate relationships or those who share a child together.
Even misdemeanor domestic violence convictions carry mandatory consequences, including court-ordered treatment programs, community service, and potential jail time. The domestic violence designation also results in firearm restrictions and can impact professional licenses, immigration status, and custody arrangements. These consequences make immediate legal representation essential for protecting your rights and future opportunities.
False domestic violence accusations are unfortunately common in Aurora, particularly during divorce proceedings or child custody battles where one party seeks a legal advantage. These allegations can arise from misunderstandings, exaggerated claims, or deliberately fabricated stories intended to harm your reputation or legal standing. Mandatory arrest laws require police to make an arrest based on probable cause alone, even when evidence is limited or questionable.
The impact of false allegations extends beyond the courtroom and can damage your professional relationships, community standing, and access to your children. Even when charges are eventually dismissed, the arrest record and initial accusations can continue affecting your life for years unless properly addressed through legal channels. The mandatory protection orders issued at bond hearings immediately restrict your ability to contact family members or return home, creating additional hardship based on unproven allegations.
We thoroughly investigate every aspect of your case, including reviewing police reports, interviewing witnesses, and examining physical evidence to identify inconsistencies in the prosecution’s case. Our team also works with private investigators when necessary to uncover evidence that supports your version of events and challenges the accuser’s credibility. This comprehensive investigation often reveals motivations for false accusations, such as gaining an advantage in custody disputes or relationship conflicts.
Building an effective defense against domestic violence charges requires careful analysis of the evidence and circumstances surrounding your arrest. Our attorneys examine multiple aspects of your case to identify the strongest defense approach for your situation. The following strategies have proven effective in protecting our clients’ rights and achieving favorable outcomes:
Each defense strategy requires thorough preparation and presentation of supporting evidence to be effective in court. We tailor our approach based on the specific facts and evidence in your case, and we draw on our team’s full criminal defense experience to identify the angle of attack that fits your situation.
Selecting the right criminal defense attorney for your domestic violence case can significantly impact the outcome of your situation. Unlike larger firms that may pass your case to junior associates, we provide personalized attention from experienced attorneys who focus exclusively on criminal defense law. Our firm understands the unique challenges families face when dealing with mandatory arrest procedures and overnight custody holds, and we are available to provide immediate guidance during this stressful time.
We have extensive experience working within the Aurora court system and understand local prosecutors’ strategies and preferred plea negotiation approaches. Our team brings 22+ years of criminal defense experience to every case, with a dual prosecution and defense background that allows us to identify weaknesses in the prosecution’s case that less experienced attorneys might miss. We then develop defense strategies tailored to your specific circumstances and the realities of the courthouse where your case will be resolved.
Our firm’s background includes attorneys who previously served as prosecutors and as training directors for the District Attorney’s Office. That insider knowledge of how prosecutors build their cases and make charging decisions allows us to anticipate prosecution strategies and develop effective counterarguments that protect your rights. We also maintain working relationships throughout Colorado’s criminal justice system that benefit our clients during negotiations and court proceedings, alongside our broader practice in Denver domestic violence defense.
Colorado law requires an overnight hold with no bond for domestic violence arrests, regardless of the severity of the allegation. Your family member must wait until a judge can hold the first appearance the following day, issue a mandatory protection order, and then set bond. This typically means at least one night in custody, and longer if the arrest happens on a weekend or holiday. There is no way to bond out before this hearing under Colorado’s mandatory hold law.
No. In Colorado, the district attorney controls the case, not the alleged victim. Even when the alleged victim recants, refuses to cooperate, or actively asks for charges to be dropped, prosecutors can and often do proceed. “Recanting victim” cases are common in DV prosecutions, and Colorado prosecutors receive specific training on building these cases without the alleged victim’s testimony.
Domestic violence in Colorado is a sentencing enhancer attached to an underlying charge (assault, harassment, criminal mischief, and others) rather than a standalone offense. A DV enhancer triggers mandatory consequences including court-ordered domestic violence classes (typically about 36 hours across three stages), anger management or therapy, possible parenting classes, firearm restrictions, fees, fines, probation requirements, and random drug and alcohol testing. The court may also order you to leave the family home and avoid contact with your spouse and children for the duration of the case.
False allegations are common in Aurora DV cases, particularly during divorce proceedings or child custody disputes. Because Colorado’s mandatory arrest law requires police to make an arrest on probable cause alone, even weak or fabricated allegations result in an arrest. Document everything you can about the relationship, the alleged incident, and the surrounding circumstances. Avoid contacting the alleged victim in any way once a protection order is in place, even to discuss the allegations. Talk to a defense attorney as early as possible so we can begin investigating motive, inconsistencies, and other evidence challenging the prosecution’s case.
Aurora is split across multiple jurisdictions. Most state DV charges from the western and central parts of the city are filed in Arapahoe County District Court in Centennial, while charges from the northern Aurora areas in Adams County are filed in Adams County District Court in Brighton. A small subset of DV-related municipal violations may go to Aurora Municipal Court. Our attorneys regularly appear in all of these courts.
Domestic violence in Colorado is a sentencing enhancer attached to an underlying charge, so the filing deadline follows that underlying offense. Under Colorado Revised Statute 16-5-401, misdemeanor underlying charges generally must be filed within 18 months of the alleged offense, and felony underlying charges within three years. Some serious felonies carry longer deadlines, and Class 1 felonies have no statute of limitations. Leaving Colorado after the alleged offense pauses the clock for up to five years.
Criminal charges don’t wait for convenient timing, and neither should your response. The decisions you make in the hours and days following an arrest can significantly impact the outcome of your case and your future opportunities.
At Shazam Kianpour & Associates, P.C., we understand the urgency of criminal defense matters and provide the experienced advocacy you need to protect your rights. Our 22+ years of experience in Colorado criminal law, a dual prosecution and defense background, and more than 10,000 cases handled set us apart from larger firms where you may never speak directly with your attorney. Reach out through our contact form to schedule your consultation, and we will begin building your defense strategy without delay.
