After you have been arrested for a domestic violence related charge, you may not know what is the procedure or how to defend the charges. This post seeks to talk about what happens after an arrest for domestic violence in Colorado. Click the link for more information on domestic violence laws.
Immediately after a domestic violence arrest
Domestic violence arrests typically mean that you will spend at least a night in jail. If you are arrested on a Friday, you may not be released until the following Monday. Two things must occur before your release after a domestic violence arrest. First, you should be taken before a judge in order for bail to be set. At this time, the court will set a bail amount and the terms for posting a bond. See our post on bonds for more information.
Criminal Protective Order after a domestic violence arrest
In addition to setting bail- after an arrest for domestic violence you will be served with a criminal protective order. This order will prevent you from doing activities – read it closely and ensure that you understand each and every one of the terms. If you violate any of the terms- you can be arrested and a new case added against you. The protective order is a mandatory court order- thus, even if the victim tells the judge that she/he does not want or need a protective order, one will still be issued.
Commonly, after a domestic violence arrest the protective order may require you to live outside of your family home. It could also restrict your ability to see your children. During this hearing- ask for an attorney. There can be special arrangements made for child visitation and/or other considerations in the protective order.
Right to attorney after a domestic violence arrest
After the bail hearing – you will be giving another court date for the domestic violence charge. This hearing will be an arraignment or advisement. This is where you will hear the charges against you and enter a plea. Most, but not all DA’s expect the victim in a domestic violence case to disagree or not want prosecution. Depending on the facts and evidence in the case- the DA would most likely move forward with the charges.
You have a right to have an attorney with you at all of the hearings. Domestic violence charges are serious allegations that can impact your life, employment, and family. Ensure that you are defending and protecting your rights- hire a criminal defense attorney with domestic violence experience.
Thank you for visiting our post on domestic violence arrests. For additional information or if you or a loved one are being accused of domestic violence- contact us today at (303) 747-4686 or simply click contact us.