What Is Domestic Violence? What are the penalties?
“Domestic violence” itself is not the crime, it is a sentence enhancer that is added to the crime alleged to have been committed. It can seriously affect the penalties of the case by resulting in a potential two year jail sentence, one or more years of probation which can include almost a year or more of domestic violence counseling, and a protection order which may prevent you from seeing or living with a loved one as well as other restrictions.
What is the definition of Domestic Violence?
“Domestic violence” is an act or threatened act of violence on someone you have been in an intimate relationship with. An “intimate relationship” can include a current spouse, a former spouse, a past or present unmarried couple, or two people who are parents of the same child regardless if they have been married or lived together. “Domestic violence” includes any other crime against a person, property, including any animal, or municipal code violation, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person you have been involved in an intimate relationship.
What happens when the police are called?
Once the police believe the crime for which they were called involves domestic violence, they must, under Colorado law, arrest the person suspected of being the aggressor. This individual must be removed from the home or location where the incident occurred and arrested. Often times, the arrested individual may spend a night or more in jail and won’t be released until a hearing regarding the bond and protection order is addressed.
What happens at the bond hearing?
After the arrest and detention, but before being released, the arrested individual will go in front of a judge or magistrate and have a hearing where the amount of bond will be determined. The prosecution will argue factors such as threat to public safety and or flight risk. The alleged victim may show up and give a statement regarding the incident that occurred. The arrested individual will need to show community safety factors and a history that involves compliance with court appearances.
Ultimately, the judge or magistrate will determine the bond amount and what restrictive conditions will be imposed on the mandatory protection order.
When and why should you hire an attorney?
The moment the police show up at your door you need to remain silent and request the opportunity to talk with your attorney. Do not try to explain the situation or insist that you were not the aggressor – often times the physically superior individual or the one with the least apparent injuries will be seen as the aggressor and arrested and detained.
If possible, having an attorney defend and argue on your behalf at the bond hearing will help give you the best odds of being released with a low bond or with no bond and may even result in a mandatory protection order that allows you to contact your loved ones.
Often times, disputes and arguments happen, and police are called in a moment of emotion and anguish. A verbal argument is enough. Many couples regret the events that transpire and wish to be reunited as soon as possible. Unfortunately, the arrest and detention leads to a series of events far out of the couples control. It may create a situation where one person is in jail and can’t return home.
The mandatory protection order may place restrictions which prevent the accused individual from returning home or seeing and communicating with their loved ones. Running into your significant other at a grocery store, at a park, or sending a message might result in a new charge of violating your protection order and another visit to jail.
An attorney will ensure that you have the best odds of being released with the lowest bond or no bond, by having conditions that are the least restrictive and may even put you back in your home and communicating with your loved ones, and by fighting to ensure that the charges of domestic violence are resolved through counseling and probation, dismissal, or a trial if necessary.
WHY LUND GARIBYAN LAW?
The best attorney is the attorney who spends time talking to you about your case, knows what is going on, and is willing to devote as much time as is needed to handle your case correctly. We bring big firm experience, significant criminal law experience, and jury trial readiness to you. Schedule a free consultation now by contacting us at (720) 213-3774 or by email at email@example.com.