Colorado Domestic Violence Attorney
In Colorado, domestic violence is considered a sentence enhancer that can apply to a whole host of crimes, including non-violent offenses. If you have been accused of domestic violence, you may be facing life-altering consequences, which is why you should partner with an experienced domestic violence defense attorney. Remember each case is different and there is no such thing as one-size-fits-all legal representation. Attorney Lain Lawrence provides honest advice and aggressive representation to clients facing domestic violence accusations in Aurora, CO, and the surrounding Denver Metro areas.
What is Domestic Violence?
Domestic violence is defined as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including 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. See C.R.S. § 18-6-800.3.
Most Colorado crimes can be categorized within the broad term of domestic violence. As the definition indicates, domestic violence includes any crime for the purpose of coercion, punishment, intimidation, or revenge. You should remember that municipal ordinance violations can also be considered crimes of domestic violence. Municipal ordinance violations are a separate category of crime and are discussed in detail in our municipal ordinance violation section.
What Is an Intimate Relationship?
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 a intimate relationship, it is not the only consideration.
A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. 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. Individuals are often charged as being in an intimate relationship regardless of the actual facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.
Domestic Violence Charges are handled differently.
There are several major differences from regular crimes and crimes of domestic violence. For example, criminal charges 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 protection order will require a person to leave their home if it is shared, and it will require a gun owner to turn any firearms over to the authorities within three days of being arrested. The court could also require the individual to be monitored by GPS. For information concerning punishment, please see our Criminal Defense section.
What are Common Defense?
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, and the best way to understand them is as a justification defense. Basically, a defendant admits to committing the charged 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.
GET AN AGGRESSIVE DOMSTIC VIOLENCE ATTORNEY IN COLORADO
A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. A religious couple that has never had sex can be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship. Individuals are often charged as being in an intimate relationship regardless of the facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.
Because of the serious nature of domestic violence charges, it is important to have an aggressive and competent domestic violence attorney. As mentioned above, these types of cases could impact your gun rights or custody rights.
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. We are ready, willing and able to discuss and defend you against any domestic violence charge in Denver, Aurora, Arapahoe County, Adams County or any court in the State of Colorado.