A victim recants their statement after a domestic violence arrest has occurred. The simple answer is no. Prosecutors can move forward with charges even when a victim recants. Colorado treats domestic violence as a crime against the state, not just the victim, which means the decision to pursue charges rests
Colorado’s mandatory arrest law requires police officers to make an arrest when they have probable cause to believe domestic violence occurred, even if the victim doesn’t want to press charges. Unlike most criminal charges where bail can be set immediately, those arrested for domestic violence must spend at least one
“Colorado is no exception.” So states an in-depth legal source on the state’s domestic violence laws. That informed overview duly notes Colorado’s unity with many other states that have mandatory arrest provisions in place for individuals who allegedly commit acts of family violence. It stresses that police are required to
The federal Violence Against Women Act passed by the U.S. Congress in 1994 marked seminal legislation for victims of domestic violence. A recent Colorado Public Radio piece highlights the historical and important role played by the VAWA, noting that the enactment has “strengthened laws around domestic and sexual violence against
The various phrases and acronyms listed immediately above all apply to the Colorado domestic violence realm and the prohibition of contact between an alleged criminal offender and victim. The smorgasbord of terms and shorthand designations can be confusing. Moreover, its application pursuant to a court order in a given instance
Colorado orders of protection issued in domestic violence cases are far from trivial things that can be considered casually by individuals subjected to their terms and conditions. We note on our Denver criminal defense website at Shazam Kianpour & Associates that if you are served such an order, “you must
Domestic violence charges can come after a variety of situations occur. We recently discussed how stalking someone might end with you facing criminal charges based on that behavior. This is only one example. Other examples include physical violence, financial abuse, and emotional abuse. We know that you don’t want to
Here’s an immediate and closely relevant fact concerning family violence in Colorado: It’s a widely perceived universe. That is, the range of activity that an alleged victim can cite as problematic, and the myriad types of criminal charges that can be levied against an accused offender, comprise a broad gamut
A new bill is making its way through the legislature that may significantly change the way that those convicted of habitual domestic violence or felony stalking are treated by the court. The bill is part of a response to public outrage after a woman who filed a restraining order against
Domestic violence is always heartbreaking, but it is even more so when its victims are innocent children. Recently, a 2-year-old girl from Westminster died, and authorities suspect domestic violence played a part after finding that the young girl suffered head trauma. The last individual to be seen with the young
