The National Trial Lawyers

Understanding the Mandatory Arrest Stipulation in Domestic Violence Charges

During the mid-90s, Colorado legislators passed one of the toughest laws on domestic violence. It requires police officers to arrest someone if there is probable cause that a domestic violence incident has taken place. The law has protected many victims of violence, but some domestic violence lawyers in Denver, CO would say it also has unintended consequences. Because of the mandatory arrest stipulation, criminal defense attorneys are being hired to defend people from domestic violence charges after minor incidents in which no one is harmed.

This is because domestic violence laws encompass the threat of violence. People have been arrested for domestic violence after smashing a framed wedding picture upon catching a cheating spouse, and throwing a bouquet of flowers across the room. Neither incident involved actual harm, but they both led to mandatory arrests regardless. A conviction will stay on an offender’s record, causing potential problems with employment. Before taking a plea deal, it’s essential for suspected violators to get in touch with a domestic violence lawyer.
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