The state of Colorado has deals harshly with people accused or suspected of domestic violence. Usually an arrest is made at the scene where the alleged domestic violence took place, and the question of whether the charges are true or false are left up to law enforcement and each party’s legal counsel to decide. Time is of the essence when you’re accused of committing domestic violence, even if you are innocent. The longer you delay in getting Colorado attorney representation, the more of an impact false domestic violence charges will have on your life.
When you’re arrested for suspicion of or committing domestic violence in Colorado, you spend a night–or a weekend if the arrest occurs on a Friday–in jail. You or no one else, not even your spouse or significant other, can post bail until you go before a magistrate judge. You will be required to sign a mandatory restraining order to be released. Furthermore, once you’re arrested for domestic violence in Colorado, you get listed for life on the Colorado Bureau of Investigation and FBI National Instant Check system. Even if you are found innocent and cleared of all charges, it will take extraordinary steps to have your name removed from this list.
There are many reasons why a person would make false domestic violence accusations knowing fully the potentially damaging ramifications. Such reasons include:
- Retaliation for a wrong
- Mental illness or drug/alcohol intoxication that impairs their recollection of actual events that took place
- To gain leverage in a divorce
- A means to extort money by threatening a legal action
- Out of anger, or to win an argument in a dramatic and public manner
- To get sympathy from others
- To protect herself or himself when police arrive and they make a false accusation out of fear of prosecution
A criminal defense attorney experienced in domestic violence cases will review all information pertaining to your case, particularly checking for any inconsistent statements or actions of your accuser. If your attorney can establish a lack of credibility on the accuser’s side, it can get your charges reduced or even dismissed. Your attorney can also review the events surrounding your arrest to ensure the police actually had probable cause to make the arrest under Colorado’s domestic violence laws.