Colorado is one of 21 states with mandatory arrest for domestic violence assault. If you are charged with domestic violence, the victim cannot drop the charges against you, which means you may still go through a trial even if your arrest and booking were the results of a misunderstanding. Before you consider defending yourself, have a look at the penalties under Colorado law. An experienced domestic violence defense attorney in Denver is your best defense against fines, protection orders, DV classes, and even jail time.
Notice of Conviction
Notice of your conviction will be posted on public and police databases and will be publicly available for the rest of your life. Anyone can access these records, including potential employers. In domestic violence cases, only certain types of plea bargains are eligible to be sealed or expunged. An experienced domestic violence attorney will be able to advise you as to what type of plea is eligible to be sealed or expunged.
Order of Protection
By law, a mandatory order or protection will be issued at the time of your arrest and will remain in place until the sentence is completed. If you are found guilty, the order of protection may be extended as part of your conviction. Any violation of the restraining order will result in arrest and imprisonment. If you wish to visit your children under supervised visitation, you will need to pay approximately $50 per hour for such supervision.
Offenders are placed in separate levels of treatment for various lengths of time based on ongoing evaluations every two to three months. The level of DV treatment will be based on such factors as criminal history, drug or alcohol issues, mental health problems, use of a weapon, concerns for public and victim safety, etc. You are required to pay for these sessions out of pocket, and sessions range from $20-$100 each. If you think you can’t afford a criminal defense attorney in Denver, know that it’s cheaper than a guilty verdict.
A misdemeanor domestic violence conviction may result in up to two years in jail. Imprisonment is almost a guaranteed penalty for repeat offenders. If you are charged with a repeat offense during probation, the prosecutor need only show that a preponderance of the evidence shows you are guilty rather than the “beyond a reasonable doubt” standard of the original case.