How Can a Denver Domestic Violence Attorney Help You?
After you are released for domestic violence related charge, you need to speak with a Domestic Violence Attorney that understands domestic violence laws and can give you answers to the questions that you have, such as:
- Will I go back to jail?
- How can I see my Kids with this criminal protective order?
- How can I get the CPO dismissed?
- Will I lose my job?/ What if my employer finds out?
- Why do I have so many restrictions if I haven’t been convicted of anything.
This page seeks to education you on what is domestic violence and what to expect in the court process and from your domestic violence attorney.
DOMESTIC VIOLENCE IS:
Colorado Statutes define Domestic Violence in C.R.S. 18-6-800.3 subsection 1 as:
“an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” This could include crimes against another person, property, or an animal, “when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.”
Intimate relationship as defined in C.R.S. 18-6-800.3 subsection 2 as a relationship between spouses, past or present unmarried couples, or persons whom have a child together.
This is an extremely broad definition, even if you are no longer with the person, you may be charged with domestic violence, it depends on the circumstances of the relationship and the nature of the allegations. Denver domestic violence attorneys know that the government will charge a domestic violence crime from a past relationship, current relationship, family relationship, or if children are shared.
It can cover a lot of different conduct. Basically, in Colorado any act that can be looked at as violent, mean, or just not nice against someone who you are in a relationship with, have children with, or have had a relationship with.
DOMESTIC VIOLENCE COURT PROCESS
Domestic violence cases start with an officer coming into your home after or during an argument with a loved-one, family member, or co-parent. Most times the cops will tell you -we just need to get your side of the story and then will choose which person was the aggressor and arrest that party. But before the officer comes to your home, he or she has a preconceived idea about who to arrest- the party that called 911. Read: four important factors from a Denver domestic violence attorney that is must know information!
At your first court appearance, the judge gave you a Criminal Protective Order. Obey this Order, any violations can result in other charges. Even if the other party contacts you, if the order prevents contact you may have no contact. It is no defense if the other party contacts you first or if it is about something really, really, important. You are subjecting yourself to other charges and consequences.
The next step is the discovery period. This is a review of the “evidence” that the government has against you. At this point, you may have discussions about plea options and/or likelihood of success at trial. Important note- don’t offer to plea until you have the police reports and a complete review of the government’s case. Defenses may exist and circumstances may prove a lower plea.
The next step is setting the case for a jury trial or accepting a plea offer. There is a time in all criminal cases, including domestic violence charges, where a decision must be made, either go to trial or accept a plea offer.
Jury trial is the last step. this is where you will select a jury, present the case, and argue for your acquittal or NOT GUILTY VERDICT! This should be discussed in detail with your Denver domestic violence attorney!
DOMESTIC VIOLENCE ATTORNEY- WHAT TO EXPECT
Denver domestic violence attorneys know that there are different considerations and consequences that must be addressed in any defense for crime involving an allegation of domestic violence.
- Criminal Protective Order: First and foremost, the criminal protective order must be addressed to conform to the laws and your rights. Many times, the courts simply issue the order without any consideration to the charges and/or your character. In addition to the potential punishments below, a mere allegation of a domestic violence crime in Colorado shreds your liberties and rights-even before a conviction. Your first discussions with your domestic violence attorney will be around the criminal protective order and if any changes should be filed. Although a change can be requested, if the court is likely to grants such a requests depends on your facts and circumstances.
- Investigative Phase: During the investigative phase, your attorney may recommend hiring an investigator to conduct further interviews of other involved persons. At the end of this phase, you Denver domestic violence attorney should be able to tell you what options are available, the strengthens and weakness of the case, and potential plea offers.
- Communication: This may be your first or fifty-first run-in on the wrong side of the law. Your attorney is there to give answers to your questions and keep you up to date on your case as it involves through the process. Your relationship with your attorney should be one that you feel comfortable asking any questions, even the dumb ones.
The allegation of domestic violence related charge cause anxiety, fear, and could tear your family apart. The stress of going through the criminal process and dealing with potential family issues is too much for one person. You need an experienced Denver domestic violence attorney to fight for your rights and freedom- from the start.
POTENTIAL PUNISHMENTS for domestic violence
Even the mere allegation of a domestic violence charge could cause you to suffer a social stigma- let alone a conviction. Many companies now have a zero tolerance when it comes to any domestic violence convictions. Consult with a Denver domestic violence attorney to decide potential defenses and preservation of your rights. The result of a domestic violence conviction can be grave and could impact your professional life, livelihood, and family unit. You need a Denver domestic violence attorney who is compassionate to their clients yet aggressive to the prosecution.
If you or a loved one have been accused of domestic violence charges, contact Denver Domestic Violence Attorney Laurie Schmidt for a case review by clicking here or call (303) 747-4686.
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