Domestic Violence Process: What to Expect
Domestic violence cases can be very complicated, and the laws can vary from state to state. If you are involved in a domestic violence case in the state of Colorado, there are certain things you should know.
In the state of Colorado, the term “domestic violence” is used to describe an act of violence against someone who is an intimate partner, coupled with any crime that is a means of punishment, coercion, revenge, or control against that partner. For example, if someone breaks a partner’s window out of anger, it can be considered as an act of domestic violence. If you have committed an act of domestic violence, you should be prepared to be arrested. In the State of Colorado, there are mandatory arrest laws where domestic violence is concerned. The arrest needs to be made without undue delay, meaning if the person is there, the officer must make the arrest at that particular time and place.
Additionally, the victim of the domestic violence cannot effectively “drop charges” against this individual, because it is the State of Colorado who will be pursuing charges. In the State of Colorado, all domestic violence incidents are considered to be “victims’ rights” cases. Essentially, the victim is entitled to multiple rights, such as the right to consult with the District Attorney before offers are made, the right to speak at sentencing, etc.
If you have been convicted of a domestic violence misdemeanor but have already previously received domestic violence convictions, you may be facing felony level consequences if you are found to be a habitual domestic violence offender.
Of course, no matter whether you are the victim or the perpetrator of the domestic violence crime, the consequences are not always just outcomes. This is why it is always a good idea to work with a good domestic violence lawyer in these situations. You can find a skilled attorney in Douglas County, Castle Rock, such as the attorneys at Ellmann & Ellmann, PC, who will be able to help you regardless of your side in the domestic violence case and answer any questions you might have.