Defense Against Domestic Violence Charges In Colorado
It does not matter what happened, who called the police or how much of a “big misunderstanding” it really was. If someone called 911 about a domestic violence situation, someone is going to be arrested. And once an arrest has taken place, there is nothing that you, your spouse, your significant other or any family member can do. Only the district attorney is in control of what happens next.
Remember: domestic violence does not include just the actual assault or abuse of a family member. If you accidentally broke or damaged your partner’s property or made a verbal threat during a fight with a family member, you can still be charged with domestic violence under the law. You can also be charged with domestic abuse even if you no longer live with your accuser.
Your Defense Starts Here — Call 303-578-4036 Now
Shazam Kianpour & Associates, P.C., represents clients in the Denver area and throughout Colorado’s Front Range. Our Denver domestic violence defense lawyers defend clients against domestic violence-related charges such as:
- Third-degree assault/simple assault
- Child abuse and child endangerment
- Stalking/harassment/ criminal trespass
- Violations of restraining orders
In today’s social and political climate, the courts take domestic violence charges very seriously. In fact, even if an alleged victim recants or denies the original version of events given to the police, prosecutors can, and often do, charge the alleged offender anyway. Prosecutors are even allowed to introduce prior “alleged acts” to gain a conviction. These acts don’t even have to be against the same domestic partner!
As your criminal defense lawyer, Shazam Kianpour will look at every possible defense available to you and aggressively fight for your rights at every stage of the case. He will help you challenge the accusation and resulting consequences such as a restraining order. He works to show that you are not a danger, but that the accusation was false or that it was a simple argument that went a little too far. You can rest assured that no effort will be spared in trying to help you avoid the stigma and consequences that a domestic violence conviction on your record can have.
Experienced Colorado Domestic Violence Defense
Most people do not realize that the phrase “domestic violence” itself is not the name of or a type of crime. It is simply a description, or what Colorado criminal lawyers call a “sentencing enhancer.”
To put it simply, when you are charged with a crime, the police look to see if you committed this crime against a person with whom currently or previously you have been involved in an intimate relationship. If the answer is “yes,” you either are now or have in the past been involved in an intimate relationship with this person, then prosecutors add the “DV” sentencing enhancer to the crime.
Example Of How Domestic Violence May Be Applied
For example, suppose I were to see my ex-girlfriend from 25 years ago in a supermarket, and I were to notice she dropped a checkbook and I decided to steal it and write a check and cash it at the register. If the police in Denver were to catch me at the cash register and charge me with forgery of her check, then I would be charged with ” Forgery, Domestic Violence” in Denver.
The list goes on and on, and applies to any crime, whether it is financial like ” domestic violence theft” in Douglas County, a violent crime like ” domestic violence assault” in Arapahoe County, or even other crimes like ” domestic violence stalking” in Denver or ” domestic violence harassment” in Jefferson County.
Domestic Violence FAQs
My boyfriend was charged with domestic violence in Adams County and they arrested him. Why did the police say they have to arrest him?
Let’s say you are arguing with your spouse very loudly and are maybe yelling at each other. Tempers are flaring as one or both of you have been drinking and are arguing about the children, finances or an ex who just won’t go away from your lives. The neighbors get scared and call the cops, and next thing you know the police are in your house questioning you.
By law, if the police feel that any crime has occurred, and that it is a domestic violence criminal charge in Colorado because it happened from one intimate partner against the other, then the law says that they must arrest whomever they are going to charge. You cannot get a ticket (called a summons) and have the police leave your house without an arrest. The law says that you must be arrested and you have to spend the night in jail without bail being set by a judge.
The typical rule is that a judge or magistrate will see you the next morning and determine what bail to set based on your priors, history, the seriousness of this crime and other factors. This is why it is so crucial that you hire an experienced Denver domestic violence attorney to be with your loved one in court the next day. We have handled and successfully defended hundreds of domestic violence charges in Adams County, Arapahoe County, Douglas County and all other counties in the metro Denver area. Calling the right Denver domestic violence lawyer may make the difference in you and your husband’s future. Call Shazam Kianpour at 303-578-4036 to speak to us right now!
We had a fight and one of us was arrested last night. But we have made up and forgiven each other. Why is there a restraining order against us?
Unfortunately, what any good Colorado domestic violence attorney can explain to you is that the law on this issue is very strict. If you two fought and someone was charged, the judge is going to put a restraining order in place to make sure that when everyone is bailed out of jail, that there are no more fights and there is a “cooling-off period.”
Some judges and prosecutors understand that it is unrealistic for families to live apart for a long time. Other judges and district attorneys don’t care; they will order you to move out of your own home and have no contact with your wife and kids for months. Does this sound familiar? You should be calling the law firm of an Arapahoe domestic violence lawyer right now. At Shazam Kianpour & Associates, P.C., we have handled domestic violence cases in Aurora, Brighton, Lakewood, Golden, Arvada, Wheat Ridge, Denver and any other city in the metro area that you can think of.
We are Littleton and Highlands Ranch domestic violence attorneys, and we have seen how Colorado domestic violence laws and punishments can ruin families more than the actual DV acts themselves can. Call us at 303-578-4036 for a free consultation about your Denver domestic violence case today.
If domestic violence is a sentencing enhancer in Colorado, how does it affect my criminal case?
Well, the first thing you can count on in Colorado is domestic violence classes to be ordered by the court. There are three stages of classes and the basic minimums you can expect are about 36 hours (36 weeks of classes). Next is anger management and therapy, then there will likely be marriage counseling, parenting classes, fees, fines, costs, probation requirements, and random drug and alcohol testing. Oh, and you may be ordered to move out of your own home and not see your spouse and kids. Sounds fun? Not really, right? Call us.
I cannot spend my whole life writing about DV on this site, but I do spend my whole life fighting for my clients in domestic violence cases in Boulder and Weld counties and all other counties in the metro area. Shazam Kianpour & Associates, P.C., is a law firm of domestic violence lawyers in Denver who know how to explain the law to you and help the government see why it should let you back home. Your solution begins here, so email us or call us today at 303-578-4036.
What are some typical domestic violence charges I can expect to see?
As we mentioned earlier, nearly any crime in Colorado can be charged with a domestic violence sentencing enhancer, but some of the most common crimes that we see charged as DV are:
- Domestic violence harassment in Jefferson County
- Domestic violence assault in Denver (General Sessions)
- Domestic violence battery in Aurora
- Domestic violence threats in Littleton
- Domestic violence assault in the third-degree in Highlands Ranch
- Domestic violence destruction of property in Lakewood
- Domestic violence criminal mischief in Arapahoe
- Domestic violence burglary
- Domestic violence theft
- Domestic violence forgery
- Domestic violence false imprisonment
- Domestic violence obstruction of phone service
- Domestic violence criminal trespass
I am charged with domestic violence in Douglas County, but my girlfriend says she won’t cooperate with police. Does that mean they will dismiss my case?
Unfortunately, usually the answer is no; the state will not dismiss a case just because the alleged victim in a DV case refuses to cooperate. “Recanting victims” in DV cases in Colorado are very common, and district attorneys receive much training on how to convince juries to find you guilty even if the victim now says, “It didn’t really happen.”
The first thing to understand is that your girlfriend or boyfriend may have called the police, but the government is the one actually bringing the charges. And as a victim to a domestic violence case in Denver, you may not drop charges like you see people do on television shows. And “not cooperating” doesn’t mean much if you are validly subpoenaed and may be sent to jail by the judge if you refuse to come to court.
Contact Our Colorado Restraining Order Lawyers
So what should you do? Call the Jefferson County domestic violence lawyers who have been there and won these cases before. Give us a quick call and schedule your free consultation at 303-578-4036. You can also contact an attorney by email.