Serving Aurora, Denver Metro & Colorado | 15+ Years of Domestic Violence Defense Experience
Colorado law permits cities and municipalities to enact codes governing actions that occur in their city limits. These codes can govern anything from property regulations to traffic laws. Most jurisdictions also have criminal codes.
On September 10, 2024, the Aurora City Council voted to cease handling domestic violence cases in the municipal court. This does not necessarily mean the cases will not be prosecuted. Instead, the defendants’ cases will be handled in the county courts. Aurora is in Adams and Arapahoe County.
This change will come with some benefits and some disadvantages. To see how this will affect domestic violence defense cases, we first need to know what they are. We also need to understand how each court deals with them.
What is Domestic Violence in Colorado?
Domestic violence has a broad definition under Colorado Law. To fully understand how these cases are charged and prosecuted, it helps to review how domestic violence cases are handled in Colorado, including the wide range of conduct that can fall under this design.
The first requirement is the victim is someone with whom a defendant has had an intimate relationship. This can include spouses, monogamous couples, and people who are parents of the same child.
The focus is that there is a romantic attachment. The relationship does not have to be ongoing either, past partners can meet the definition of intimate relationship.
The second requirement is the criminal action must be violent, or a crime committed for the purpose of intimidation, harassment, or retaliation. The second part is sufficiently broad enough to encompass a wide variety of criminal codes. It is not uncommon for a non-violent crime to be classified as an act of domestic violence.
Domestic violence is also not a criminal charge. Instead, it is a sentence enhancer. Common crimes classified as domestic violence include:
- Domestic Violence Assault
- Domestic Violence Harassment
- Domestic Violence Menacing
- Domestic Violence Stalking
How are Domestic Violence Cases prosecuted in Colorado?
Understanding how these cases move through the system—from arrest to resolution—requires a broader look at the Colorado domestic violence court process and legal framework, especially in cases involving non-violent conduct.
It is always important to remember the government is the party pressing charges. Often, the victim does not want authorities to charge or prosecute the defendant. However, they have no ability to dismiss the case or make it go away.
All domestic violence cases start with an arrest. Colorado law says that police must arrest someone if they have good reason to believe domestic violence happened.
Authorities then take the defendant to jail and hold him without bail. This does not mean they won’t get bail, but they must see a judge before the court releases them. The average time in jail is at least one night.
When the judge sees the defendant, the judge will grant bail. They will also issue a mandatory domestic violence protection order. The protection order is mandatory. The protection order will require the defendant not to contact the victim and stay away from her residence.
In non-domestic cases, the requirement is typically easy to abide by. However, spouses or partners will face difficulty. If the court precludes the defendant from returning home, they will require alternate housing. This can be problematic if finances are tight, so a defendant may pay for two places.
It gets more complicated with no contact, especially if there are children involved. The mandatory protection order might not name a child as a protected party. However, a defendant may struggle to see their children if they cannot talk to the other parent.
DV cases also require a defendant to relinquish any firearms in their immediate possession or control. The law surrounding this requirement is complex. The defendant must submit an affidavit of relinquishment.
You must provide the affidavit in every case. An individual will attest that they don’t have a firearm, if they in fact do not own any guns. If they have a firearm, they must relinquish it.
They can give it up by turning it in to the police. They can also leave it with a licensed firearm dealer. The law allows them to give it to private parties if they follow Colorado rules about transferring firearms.
If they relinquish firearms, the Courts require them to submit forms documenting where the weapons went.
Upon conviction, a defendant may face jail or probation. The court will also require the defendant to complete domestic violence counseling and treatment. This treatment must comply with the Domestic Violence Offender Management Board standards.
These standards require defendants to do therapy, but it could also require parenting classes and sobriety monitoring and treatment.
What are the Possible Penalties for Domestic Violence in Aurora?
Municipal ordinance violations are not misdemeanors or felonies. However, a conviction could result in a jail sentence up to 365 days or a fine of up to $2,650. This is somewhat comparable to misdemeanors.
A class one misdemeanor is punishable by up to 364 days and jail or a fine of up to $1,000. A class two misdemeanor is punishable by up to 180 days in jail or a fine of up to $750.
Probation would be an option in either court. Probation lengths vary though.
Adams and Aurora will typically place defendants on one year of probation. Arapahoe county’s prosecutors have a policy of starting most dv cases at 18-months. Early termination is possible.
A felony conviction can result in years of incarceration. If police officers have probable cause that someone committed a felony, they will likely file charges in county court, where the sentencing and long-term penalties in domestic violence cases become significantly more severe.
What are Benefits of Aurora Municipal Court handling DV Cases?
Municipal ordinance violations are not misdemeanors or felonies. This is important because the Brady Handgun Violence Act will not be enforceable against any conviction. Ultimately, a defendant will not lose their right to have or purchase firearms if a conviction enters.
Additionally, a defendant will routinely be granted a bond after arrest quicker in a municipal case. Defendants must see a judge prior to bond being granted. This typically requires a defendant to spend a night in jail.
Probation orders are a lot easier to modify in municipal court. The cases are typically low-level offenses, and the judges routinely permit defendants to return home and have contact with the alleged victim while the case is pending. In cases handled in County Court, a defendant will have to stay away from the home for two to three months.
Finally, convictions are not eligible for sealing on most misdemeanor or felony cases. Municipal convictions can be sealed after three years.
What are the Benefits of Aurora Court Not Handling Domestic Violence Cases?
In Arapahoe domestic violence and Adams County DV cases, prosecutors have more options to resolving cases. A common program that they offer is diversion. Diversion does not require a defendant to plead guilty. Instead, the defendant enters a diversion program that requires community service and therapy.
In some low-level cases, prosecutors in county court will offer a “deferred prosecution”. This type of agreement would require a defendant to complete a class in exchange for dismissal.
It is a reasonable offer in cases that have defenses or minor acts. A defendant can avoid the cost and time required for a trial by completing a one or 6-day class. Aurora’s city attorney does not offer these types of plea agreements.
Additionally, people that live out of state can transfer probation. Aurora Municipal Court is not subject to the interstate compact.
Individuals on probation in Aurora must remain in the state to successfully complete their programs. This could mean that out-of-state defendants may not get the chance to accept a deal. This deal could help keep their record clean.
Defendants will also benefit from the automatic jury requirement in county courts. A defendant in Aurora Municipal Court does not have an automatic constitutional right to a jury trial. Instead, a person must request a jury trial within 21-days of entering a not guilty plea. They must also pay a $25 jury fee.
Defendants often do not fully understand this requirement upon advisement. They still have a right to a trial, but it is a bench trial. Our attorneys respect all the judges in Aurora. However, defendants often do better in front of a jury of their peers than in front of a judge.
Lastly, multiple offenders tend to fend better in county courts as opposed to the municipal system. The city attorneys routinely seek jail time for second or greater DV convictions, regardless of the age of the priors.
Get an Aggressive Domestic Violence Attorney in Colorado
Regardless of where the case is handled, domestic violence cases have serious consequences. Speaking with a criminal defense attorney to understand the process and how to proceed is always advisable.
Our Aurora Domestic Violence Attorney aggressively represents individuals accused of domestic violence. We are open during regular business hours, but we will stay late or be available on weekends if necessary. Schedule a free consultation.
Our Aurora Domestic Violence defense attorney is ready, willing and able to discuss and defend you against any domestic violence charge. We handle cases in Aurora, Arapahoe County, Adams County or any court in the State of Colorado
