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 night in jail before bail can even be considered.
When you’re facing domestic violence charges in Colorado, this mandatory custody period becomes one of the most difficult aspects of these cases to navigate. The legal team at Shazam Kianpour & Associates has over 22 years of experience handling domestic violence cases throughout Colorado and can guide you through every step of this process. We’ve seen how these mandatory arrest situations can quickly escalate into serious legal consequences affecting your freedom, employment, and family relationships.
How Colorado’s Mandatory Arrest Law Works
Colorado Revised Statute 18-6-803.6 mandates that law enforcement officers arrest the predominant aggressor when responding to domestic violence calls. Officers must determine who was the primary physical aggressor based on several factors, including the comparative extent of injuries, threats, and prior domestic violence history. This law applies to incidents involving intimate partners, family members, or household members.
The mandatory approach differs significantly from other criminal offenses, where officers have more discretion. In domestic violence situations, the state takes control of prosecution decisions, meaning cases often proceed even when both parties want to resolve matters privately. Officers cannot simply separate the parties and leave. They must make an arrest if probable cause exists, regardless of whether the alleged victim wants to cooperate.
The Mandatory Overnight Jail Stay
Here’s what makes domestic violence arrests different from most other criminal charges. When you’re arrested for domestic violence in Colorado, you must spend the night in jail. You cannot post bail the same day, no matter how minor the charges may seem or how much money you have available for bond.
This cooling-off period is required by Colorado law to protect alleged victims and reduce the risk of immediate retaliation. The court cannot set bail until a mandatory protection order has been issued first. Until that protection order is in place, you remain in custody, which typically means spending at least one full night in jail before appearing before a judge.
Factors Officers Consider
When determining the predominant aggressor, officers evaluate multiple elements. They examine physical injuries and their severity, considering who sustained more serious harm. The history of domestic violence between the parties plays a significant role, as does any evidence of threats or intimidation.
Rapid Assessment Issues
Officers also assess the likelihood of future injury and whether either party acted in self-defense. This evaluation happens quickly, often within minutes of arriving at the scene, making it prone to mistakes and misinterpretations. Size and strength differences between parties factor into these decisions. Officers consider who had the greater ability to inflict harm and whether weapons were involved. Unfortunately, this rapid assessment process can lead to wrongful arrests when officers misunderstand the situation or rely on incomplete information.
The Protection Order and Bail Process
Unlike most criminal charges where bail can be set on the same day, domestic violence cases require what Colorado law calls a cooling-down period. This means you’ll spend at least one night in detention before seeing a judge. The next day, you’ll appear in court where the judge must issue a mandatory protection order before setting bail.
Why the Waiting Period Exists
The mandatory waiting period serves several purposes. It prevents immediate contact between parties while emotions are high, gives the alleged victim time to make safety plans, and allows the court to assess the situation more thoroughly before releasing the accused. During this time, you cannot contact family members, return home, or take steps to resolve the situation, which often creates significant personal and professional hardship.
What Happens at the Bail Hearing
At your first court appearance, the judge will issue a mandatory protection order before addressing bail. This protection order typically prevents you from returning home, contacting your family members, including children, possessing firearms, and going to certain locations like your children’s school or workplace. Only after this protection order is in place can the judge consider setting bail.
Consequences Beyond the Jail Stay
The immediate custody period is just the beginning of the consequences you’ll face. Once arrested under Colorado’s mandatory arrest law, you face restrictions that extend far beyond the criminal charges. The mandatory protection order typically remains in effect for days or weeks, preventing you from returning home even if you own the residence or pay rent.
Criminal domestic violence charges carry serious penalties, including potential jail time, fines, mandatory counseling, and a permanent criminal record. These consequences can affect your employment, housing opportunities, and child custody arrangements for years to come. The stigma associated with domestic violence arrests can damage professional relationships and community standing. Many employers conduct background checks, and a domestic violence charge may result in job loss or difficulty finding future employment.
Common Defense Strategies for Domestic Violence Cases
Several defense strategies may apply to domestic violence cases arising from mandatory arrests. Self-defense claims can be effective when evidence shows you were protecting yourself from imminent harm. False accusations are unfortunately common in emotionally charged situations and require careful investigation and evidence gathering. A lack of probable cause challenges the focus on whether officers had sufficient evidence to justify the arrest.
Sometimes, officers make hasty decisions without properly investigating the circumstances or considering alternative explanations for injuries or property damage. Mutual combat situations present unique defense opportunities. When both parties are engaged in fighting, determining the true aggressor becomes more complex.
Evidence such as witness statements, photographs, and medical records can support your version of events. For example, if someone calls the police during a loud argument but no physical violence occurred, the arrest might lack a proper legal foundation. Similarly, if both parties have injuries but officers incorrectly identified the predominant aggressor, this opens doors for challenging the charges.
Contact Shazam Kianpour & Associates
Facing domestic violence charges from a mandatory arrest situation requires immediate legal action to protect your rights and freedom. Knowing you must spend a night in jail and wait for a protection order before bail can even be discussed makes the need for experienced legal counsel even more critical. Our legal team brings over 22 years of criminal defense experience to every case, earning recognition from the National Trial Lawyers and Super Lawyers. We provide personalized attention that larger firms cannot match, and we’re willing to travel statewide for significant cases.
Our approach includes challenging improper arrests, negotiating with prosecutors, and fighting for reduced charges or case dismissals when appropriate. We also offer teleconferencing capabilities for out-of-state violations. Don’t let a mandatory arrest situation define your future. Contact our experienced legal team today to discuss your defense options and start protecting your rights immediately.