Aurora Domestic Violence Defense Lawyer
There is no crime of domestic violence in Colorado. Instead, Domestic violence is a sentence enhancer that can applies to any crime if they meet the statutory definition. This can include non-violent acts.
A DV defendant is facing life-altering consequences from this type of criminal record. If you are accused of domestic violence, partner with an experienced domestic violence defense attorney.
Our highly recommended Criminal Defense firm is focused on each client. There is not a one-size-fits-all legal representation. This is especially true in with domestic violence cases.
The Aurora Domestic Violence Defense Attorney at the Lawrence Law Firm provides honest advice and aggressive representation. We help clients facing domestic violence accusations in Aurora, CO, and the surrounding Denver Metro areas.
What is Domestic Violence in Colorado?
Domestic violence has a specific statutory definition under Colorado Law. It is an act of violence upon a person that the actor is or has been involved in an intimate relationship. It can also include threatened acts of violence.
It is not always an assault, and it can be non-violent offenses.
Domestic violence also includes any other crime against a person, or against property. This includes animal. It can include municipal ordinance violation against a person or against property.
Non-violent acts of domestic violence must be done as a method of coercion, control, punishment, intimidation, or revenge.
The statutory definition of Domestic violence is found at Colorado Revised Statute § 18-6-800.3. A DV Attorney can fully explain the meaning of domestic violence and help you understand this complicated law.
It is an expansive definition. Most Colorado crimes can be categorized within the meaning of domestic violence. Coercion, punishment, and control can be applied extremely broadly.
The definition explicitly includes a municipal ordinance violation. These are violation of city law as opposed to Colorado Law.
They are not felony or misdemeanor cases. They are a separate category of crime. Understanding municipal ordinance violations is important. These crimes can carry the same stigma that a felony or misdemeanor would.
At its core, domestic violence requires a certain crime against an intimate partner. It is important to understand the meaning of intimate relationship.
What is an Intimate Relationship under Colorado Domestic Violence Law?
Intimate relationship may seem like a term that is easy to understand, but it has a very specific meaning.
The key point of an intimate relationship is a monogamous romantic attachment. This can include spouses or unmarried couples. Once you have an intimate relationship, it will continue into the future. The definition of intimate relationship includes people who were married or a couple.
It also includes people who have had a child together. The definition does not require the child to be a result of marriage. In part, a child could also do away with the romantic requirement of the statute.
The courts have further defined intimate relationship as a romantic relationship as opposed to a purely sexual relationship. While sex can be a component to an intimate relationship, it is not the only consideration.
A court will look at several factors to determine if there is an intimate relationship. The court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties.
A religious couple that has never had sex can be considered to be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship.
Once an intimate relationship is found, it is found. The statute extends the terminology of domestic violence to individuals who were in an intimate relationship. This means, an intimate relationship can be found even after the actual relationship has ended.
Individuals are often charged as being in an intimate relationship regardless of the actual facts. A domestic violence criminal defense attorney can help avoid the seriousness of a domestic violence charge.
Domestic Violence Charges Are Handled Differently.
There are several major differences between a regular crime and crimes of domestic violence. For example, criminal cases require a court to issue a mandatory protection order.
These orders typically require the defendant to not speak to the victim and vacate their home. A domestic violence charge typically means spouses. This means the protection order will require a person to leave their home.
Domestic violence also involves the Brady Handgun Act. This law requires people accused and convicted of domestic violence to relinquish their guns. A gun owner will be required to turn over any firearms to the authorities. They typically are given within three days to comply with this order.
The court could also require the individual to be monitored by GPS. For information concerning criminal punishment, please see our Criminal Defense section.
A domestic violence will also aggravate the underlying charge, and it could result in additional jail time for a charge. Outside of the criminal justice system, a domestic violence allegation will have collateral consequences on a person’s life:
· A conviction will prevent an individual from possessing or owning a firearm.
· Charges could prevent you from renting an apartment or working in certain industries.
· Crimes also have serious impacts on immigration status.
· These additional punishments happen for municipal ordinance violations, misdemeanors, and felonies.
What Are Common Defenses?
At the Lawrence Law Firm, we routinely tell clients that a defense is tailored to each case. In some cases, the best defense is that the prosecution cannot prove the alleged crime beyond a reasonable doubt. Take for example, an allegation that a defendant punched a victim repeatedly in the face. If there are no marks or bruises, it could be argued that the person is lying or making up the allegation.
There are also affirmative defenses that can be made. An affirmative defense is a defense that is prescribed by statute. The best way to understand them is as a justification defense.
Basically, a defendant admits to committing the charged criminal offense but that his conduct was justified. The most common affirmative defense is self-defense. For information on self-defense, please visit our self-defense section.
Sometimes the victims of domestic violence can be helpful. We routinely have investors speak with the alleged victim. They can help clarify the legal issues as well as confirm any actions of law enforcement.
Get an Aggressive Aurora Domestic Violence Attorney
Domestic violence cases can be extremely serious, even if they are minor misdemeanor cases. It is important to understand what domestic violence is and how to best defend against these types of cases.
Our firm routinely 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 Denver, Aurora, Arapahoe County, Adams County or any court in the State of Colorado
Aurora DV Lawyer
Don't let a domestic violence charge impact your life. We routinely handle DV cases in Aurora and the surrounding areas. All consultations are free, and we offer flexible payment plans.