In Colorado, police are required by law to take someone into custody if officers respond to a dispute call and then determine that a criminal act has taken place. If the individuals who are involved in the incident are, or were, in a romantic relationship, then the incident may be categorized as domestic violence. The implication of this law is that property crimes such as minor criminal mischief can be considered domestic violence, according to Colorado statutes.
In addition to the mandate that officers take at least one person into custody, Colorado law stipulates that a mandatory protection order must be filed and take immediate effect. A protection order filed in connection with an alleged domestic violence incident will remain in effect until the case is resolved. In practical terms, this means that an individual who has been charged with domestic violence will not be allowed to contact the alleged victim until the case is finished. In addition, a defendant in a domestic violence case is not permitted to have family members contact the alleged victim on his or her behalf.
The only person who is permitted to contact an alleged victim is the defendant’s attorney. If you violate your bond by violating an order of protection, you may be subject to a mandatory jail sentence of a minimum of six months. If you or a loved one has become involved in a domestic dispute, knowing your rights and limitations might avoid further fallout.
Our firm possesses experience in domestic violence cases and might be able to file a motion to have the restrictions modified. For more information on mandatory arrests and restraining orders, please visit our page.