Domestic Violence

Colorado Springs Domestic Violence Lawyer

Domestic violence is not a separate criminal offense in Colorado. Instead, it is a legal designation that can be attached to an underlying offense—such as assault, harassment, criminal mischief, menacing, false imprisonment, or other crimes—when the alleged conduct involves a person with whom the accused has had an intimate relationship.

That distinction matters. I have seen people charged with domestic-violence-related offenses even when there was no allegation of a serious physical injury. A heated argument, damaged property, repeated messages, an attempt to prevent someone from leaving, or other conduct may lead to criminal charges depending on the facts.

What I Have Learned From Handling Domestic Violence Cases

After more than 30 years in criminal law, including my work as a prosecutor and defense attorney, I have learned that domestic violence cases are often decided in the details.

The first police report may make a case appear simple. Often it is not.

I look closely at what happened before police arrived, what each person initially said, whether statements changed, whether injuries are consistent with the accusation, whether self-defense may be involved, what text messages or recordings show, whether witnesses were present, and whether body-camera footage tells a different story from the written report.

In my experience, relationship conflicts rarely begin at the exact moment described in a police report. Understanding the history, context, and sequence of events can be critical to understanding the case.

Colorado’s Mandatory Arrest Law

Colorado does have a mandatory-arrest law for domestic-violence cases, but it is often misunderstood.

Police are not required to arrest someone simply because they respond to a domestic dispute or because one person makes an accusation. The officer must first determine that there is probable cause to believe a crime or offense involving domestic violence has been committed.

Once the officer makes that probable-cause determination, Colorado law generally requires the officer to arrest the suspected person without undue delay. This is one reason domestic-violence investigations can escalate quickly. Once an officer concludes that probable cause exists, the situation changes dramatically and the alleged victim generally cannot simply tell the officer not to make an arrest.  

Why Probable Cause Does Not Mean Guilt

This is one of the most important things I explain to clients: probable cause is not proof beyond a reasonable doubt.

An arrest can be based on information available during a fast-moving investigation. Police may be separating people, evaluating conflicting stories, photographing injuries, reviewing limited evidence, and deciding whether they believe a crime occurred.

That initial decision is not the end of the case.

A careful defense may require reviewing body-camera footage, 911 calls, photographs, medical records, text messages, social media, witness accounts, prior statements, and evidence that was not available—or was not fully considered—when the arrest occurred.

Self-Defense and Conflicting Accusations

Some domestic violence cases involve competing claims about who was the aggressor. Others involve injuries suffered during an attempt to defend against an assault.

Colorado law does not require officers to arrest both people simply because both accuse the other of violence. When there are opposing complaints, officers are required to evaluate them separately and consider factors identified by statute.  

In these cases, details matter: the relative injuries, prior statements, witness observations, physical evidence, and the sequence of events may become critical.

Protection Orders Can Change Your Life Immediately

See Ted's article on protection orders: https://www.coloradocriminaldefense.com/post/colorado-domestic-violence-mandatory-arrest-law-protection-orders-and-bond-conditions

After a domestic-violence arrest, a mandatory criminal protection order can impose immediate restrictions. Depending on the court’s order and the circumstances, a person may be prohibited from contacting the alleged victim, returning home, or engaging in other conduct while the case is pending.

I have seen clients make a bad situation worse because they believed the alleged victim could simply give them permission to return home or resume contact. Do not assume that private permission overrides a court order.

A violation can create a new criminal case and additional consequences.

What I Look for in a Domestic Violence Defense

I do not begin with the assumption that the police report tells the entire story. I examine how the allegation developed and what the evidence actually shows.

Depending on the case, that may include inconsistencies between statements, body-camera evidence, 911 recordings, text messages before and after the incident, photographs, witness accounts, self-defense evidence, motive to exaggerate or fabricate, missing context, and evidence that contradicts the initial accusation.

Every case is different. The defense should be built around the actual evidence—not a generic theory.

Experience Matters in Domestic Violence Cases

I have worked in Colorado criminal law for more than 30 years as both a prosecutor and defense attorney. That experience has taught me to look beyond the initial accusation and examine how the case was investigated, what evidence exists, what evidence may be missing, and what the prosecution can actually prove.

If you have been arrested or accused of a domestic-violence-related offense in Colorado Springs or elsewhere in Colorado, contact McClintock Criminal Defense, P.C. for a consultation.

See Ted's article on victims dropping charges:https://www.coloradocriminaldefense.com/post/can-the-victim-drop-criminal-charges-in-colorado