Domestic violence is a serious and complex issue that has significant legal implications. In Colorado Springs, Boal Law Firm is dedicated to providing comprehensive legal support for those who have been accused of domestic violence and victims seeking protection from domestically violent perpetrators. We can help you navigate the legal landscape of domestic violence in Colorado Springs, covering protective orders, legal remedies for victims, defense strategies, and key aspects of Colorado law related to domestic violence.
Understanding Domestic Violence Laws in Colorado Springs
Legal Definitions and Implications
Colorado law defines domestic violence as an act or threatened act of violence upon a person with whom the aggressor has or has had an intimate relationship (Colorado Revised Statutes Title 18. Criminal Code § 18-6-800.3. Definitions). It also includes crimes against a person, animal, or property if used as a method of coercion, control, punishment, or revenge in which the actor is or has been in an intimate relationship. A broad scope of relationships is covered under this definition, including spouses, former spouses, cohabitants, and individuals who share a child.
Criminal and Domestic Consequences
Domestic violence charges in Colorado can carry severe criminal consequences. Convictions can result in penalties such as fines, mandatory counseling, the loss of a perpetrator’s Second Amendment right to possess firearms, probation, and imprisonment, as well as collateral consequences in domestic cases like a parent not being allowed to be involved in decision-making for their children. Boal Law Firm recognizes the need to comprehensively defend and address charges and allegations of domestic violence in both criminal and domestic cases involving the allocation of parental responsibilities.
Civil Protection Orders
Colorado law allows for the issuance of civil protection orders in domestic violence cases, including restrictions on contact with the individual, access to the shared residence, and possession of firearms. Violating a protection order is a crime.
Legal Remedies for Domestic Violence Victims
1. Mandatory Protection Orders in Criminal Cases
Mandatory protection orders provide immediate protection for victims of domestic and minor children when a partner is charged with a crime of domestic violence or child abuse. An individual charged with a domestic violence criminal offense will not simply be cited and released. They will be booked into the county jail where they will spend at least one night before appearing before a judge or magistrate to have a bond set. When bond is set, a mandatory protection order (TPO). A violation of a mandatory protection order is enforceable and punishable by arrest and additional criminal charges.
2. Temporary and Permanent Civil Protection Orders
Domestic violence offenders are not always criminally charged which can leave victims in harm’s way. Under C.R.S. Section 13-14-101 et seq., victims can pursue temporary and permanent civil protection orders through the court even if their partner has not been charged criminally. We represent victims through this legal process, ensuring that civil complaints are correctly and effectively drafted in a way most likely to result in the issuance of a temporary protection order by the court, and effectively representing those victims at contested hearings to secure permanent protection orders against their abusers.
3. Access to Safe Housing
Victims may have safe housing options available to them. Boal Law Firm can help victims of domestic violence line up the types of resources necessary to achieve security and begin rebuilding their lives.
Defense Strategies for Those Facing Allegations
1. Early Legal Intervention
Not everyone who is accused of domestic violence is guilty and should be held liable. Early legal intervention for individuals facing domestic violence allegations is important. Prompt legal representation can help build a comprehensive defense strategy to protect and preserve the accused’s rights when it comes to their freedom, jobs, children, and access to their homes and personal belongings. If accused of domestic violence, contacting an experienced attorney like Boal Law Firm to represent you should be your first step. Under no circumstances should you ever attempt to contact the victim directly, as you will likely end up back in jail facing additional criminal charges.
2. Gathering Evidence and Witnesses
Boal Law Firm works with clients to gather evidence and identify witnesses who can testify on their behalf. This can include presenting alibi evidence, challenging the credibility of the alleged victim, third-party witnesses, and other evidence against the accused, or challenging the nature and severity of the alleged incident itself.
3. Negotiation and Alternative Resolutions
Allegations of domestic violence can sometimes be resolved via a settlement that achieves both the goals of the alleged victim while protecting and preserving the rights of the accused. Negotiation and alternative resolutions to domestic violence when appropriate can be highly beneficial. This can involve diversion programs in criminal cases, negotiated no-contact orders in civil and domestic cases, or other resolutions that lessen the impact of charges and civil litigation on the accused.
Get the Help You Need
Whether you are a victim seeking legal help and protection or an individual facing criminal charges or allegations in domestic court, Boal Law Firm is committed to providing the legal support you deserve. By understanding the legal implications, protective measures, and defense strategies related to domestic violence, Boal Law Firm ensures that its clients are best positioned to deal with the legal challenges ahead. In the pursuit of justice and protection, let Boal Law Firm be your advocate, guiding you through the complex legal landscape with expertise, compassion, and unwavering commitment to achieving your best possible outcome in court.