Colorado law requires police officers to make an arrest when they respond to a dispute between individuals who are involved romantically or have been at some point in the past. Officers are not permitted to use discretion in these situations even if the people involved were only romantically involved for a brief time.

You may be charged with domestic violence even if no assault took place. This is because it is the nature of the relationship that leads to a domestic violence charge.

Colorado law also requires that a protective order be issued after an individual has been taken into custody on a domestic violence charge, which stays in effect until the case has been resolve. Depending on the length of the order, you may be prohibited from entering your own property for a prolonged period. Moreover, you could be subject to sanctions for speaking with the other party even if they called you. Until this order is lifted or modified, the only way to legally communicate with the other party is through your attorney.

If you are in this situation, our firm may be able to petition the court to have the protective order against you modified at a following court hearing. This would involve you and the other party reaching an agreement about the terms of the modified protective order. Due to the rules regarding contact, we could negotiate the modified protective order with the other party or their attorney. If you would like more information about protective orders in Colorado, please visit our page on domestic violence.

Source: Law Office of J.B. Katz, P.C., “Breckenridge Domestic Violence Lawyer“, October 01, 2014