Michael W. P.C.

Domestic violence charges are very serious in Colorado.  You are at risk of losing everything - your job, reputation, family, firearm ownership, and your liberty.  This is an area of Colorado law that must be dealt with by seasoned legal professionals.

FAQ's asked by client's regarding Domestic Violence charges include:

Can Domestic Violence Charges Be Dismissed

Colorado is a “No-Drop”

state.  This “no-drop” statute means that by law,

domestic violence charges cannot be dropped

the alleged victim or by the prosecutors office!

So how do domestic violence attorneys obtain a dismissal in domestic violence cases?  Domestic violence charges can potentially be dismissed if:

Lack Of Evidence –

The lack of strong evidence that a crime was actually committed could persuade the prosecutions to drop the charges rather than risking a courtroom defeat.

Uncooperative witness  –

The DV case will still advance regardless if the alleged victim refuses to testify. But the odds of getting domestic violence charges dismissed increase greatly if the victim substantially alters or recants the account of events that lead to the arrest.

The manpower and resources available to prosecutors dictate they pursue cases that are likely to produce convictions.  However, the victim in DV cases will often feel a confusing mix of shame, guilt, and a strong desire to reconcile with their partner. If I have A Restraining Order Against Someone Can I Contact Them Absolutely not! Many people with an active protection order against someone else will end up with a criminal charge for violating that no contact order.  The rules of a no contact order apply the same to the plaintiff (victim) as they do to the defendant – NO CONTACT is allowed.  In obtaining a restraining order against the defendant, you have certified to the state of Colorado that any contact with the defendant is dangerous to you, and that you are so frightened of the other person that the state must order the defendant to have no contact with you. Domestic Violence Colorado   Understanding the domestic violence laws in the state of Colorado is difficult. In fact, the term “domestic violence” by itself does not describe a specific crime. In Colorado, domestic violence is used as a catch all term to describe a prosecutable offense between parties that have close ties.

An example of relationships that would cause an offense to be deemed a domestic violence issue include:

1. Family members 2. Spouses 3. Ex-spouses 4. Persons who are or have been in a romantic relationship 5. Parents who share a child 6. Cohabitants Colorado Domestic Violence Conviction & Firearms Many people are unaware in Colorado passed a law in 2013 restricting any individual convicted of domestic violence from owning firearms, even if the charge was a misdemeanor. Federal law prevents convicted felons from owning firearms, but a domestic violence conviction in Colorado on any level automatically prevents the abuser from purchasing or owning firearms. Further, all firearms must be surrendered by the abuser, even if a misdemeanor domestic violence conviction occured prior to passage of the Colorado ban.

Once a person is charged with a domestic violence offense, an automatic protection order is enacted against them by the state. The purpose of the protection order is to prevent the accused from contacting his or her accuser in any manner. In Colorado, the issuance of a protection order against a person requires that the individual surrender their firearms, prior to the charges against them being adjudicated.