You called 911. Or someone else did. Either way, the moment police arrive at the scene of a domestic dispute in Colorado, the outcome is almost always the same: someone gets arrested. This surprises many people, especially those who believe the situation was a misunderstanding or that the alleged victim has the power to stop the process. The reality is that Colorado law removes that choice entirely.
At Shazam Kianpour & Associates, our team has spent over 35 years defending clients facing domestic violence charges in Denver and throughout Colorado. We know how frightening it is to be arrested for a domestic dispute, and we know how quickly these cases can spiral without the right legal guidance.
The Law That Makes an Arrest Mandatory
Colorado Revised Statute § 18-6-803.6 is the reason someone goes to jail every time police respond to a domestic violence call where probable cause exists. Under this law, officers are not permitted to simply separate the parties, take statements, and leave. If they have probable cause to believe a domestic violence offense has occurred, they must arrest the person they determine to be the predominant aggressor. The officer has no discretion once that threshold is met.
According to the Colorado 4th Judicial District Attorney’s Office, this mandatory arrest requirement was put in place to protect victims and prevent further violence. The law reflects decades of research showing that without immediate intervention, domestic violence situations often escalate. For the person being arrested, though, this means a night in jail and a protection order before any of the facts are fully examined.
What “Probable Cause” Actually Means
Probable cause is a much lower standard than what is required for a conviction. Officers do not need to be certain a crime occurred. They simply need enough evidence to reasonably believe one did. A visible injury, a 911 call describing an incident, a neighbor’s statement, or even disheveled surroundings may be enough to satisfy that standard. If officers arrive and see red flags, an arrest is coming.
Who Gets Arrested When Both Parties Are Involved?
The law does not require officers to arrest both people, even when both claim to be the victim. Officers are trained to identify the predominant aggressor, taking into account factors such as the extent of injuries on each person, any history of domestic violence at that address, and who appears to pose the greater ongoing threat. This determination happens quickly, often under stressful conditions, and mistakes do get made.
What Happens After the Arrest
Once the arrest occurs, the process takes on a life of its own. The arrested person must spend at least one night in jail. Bail cannot be set until the following day, and before a judge sets bond, a mandatory protection order is issued. That order typically requires the arrested person to vacate the shared home, have no contact with the alleged victim, and refrain from possessing firearms.
Understanding Colorado’s mandatory arrest law and what follows is critical because many people unknowingly make things worse by violating the protection order, even when the alleged victim initiates contact. A violation can result in additional criminal charges on top of the original case.
The Alleged Victim Cannot Drop the Charges
This is one of the most misunderstood aspects of domestic violence cases in Colorado. Once an arrest is made, the case belongs to the prosecution, not the alleged victim. The district attorney’s office decides whether to move forward, and they regularly do so even when the victim recants or refuses to cooperate.
Prosecutors are trained to build domestic violence cases using physical evidence, dispatch recordings, officer body camera footage, and prior incident reports. Learning more about what happens when a victim recants can help you understand why contacting an attorney immediately after an arrest matters so much. Waiting to see whether the alleged victim changes their mind is not a defense strategy.
Common Situations That Lead to a Mandatory Arrest
Many people are stunned to learn that the following scenarios can all result in a domestic violence arrest in Colorado:
- A verbal argument that a neighbor hears and reports to police, even with no physical contact
- Property damage during a dispute, such as a broken phone or damaged furniture
- A threat made during a fight, regardless of whether the threatened party was physically harmed
- Pushing or grabbing without visible injury, if an officer finds probable cause
These situations qualify because Colorado defines domestic violence broadly to include any act or threatened act of violence, as well as crimes against property or animals used as a means of coercion, control, or intimidation against an intimate partner. The relationship between the parties, not the severity of the act, is often what triggers the domestic violence designation.
Contact Shazam Kianpour & Associates for Domestic Violence Defense
A domestic violence arrest does not have to define the rest of your life, but the steps you take in the hours and days that follow will have a significant impact on the outcome of your case. At Shazam Kianpour & Associates, our attorneys have resolved well over 20,000 criminal and traffic cases throughout Colorado, and our team has been recognized by the National Trial Lawyers and Super Lawyers for our commitment to aggressive, effective defense. We have backgrounds that include experience at the district attorney’s office and as government state defenders, giving us a clear view of how these cases are built and how they can be challenged.
We offer free initial consultations and are available 24 hours a day, seven days a week, because arrests do not happen on a schedule. If you or someone you care about has been arrested for domestic violence in the Denver area or anywhere in Colorado, do not wait. Reach out through our online contact form to speak with a member of our team today.