Colorado has very strict domestic violence laws that require police to arrest individuals they suspect committed an act of violence against a romantic partner or ex-romantic partner. Even if it was a very short romantic relationship, it does not matter. The fact that romantic involvement once occurred between two individuals will cause the matter to be categorized under domestic violence laws.
Once an altercation is categorized as domestic violence, even a simple matter of criminal mischief — like throwing an egg at someone’s house — could trigger a domestic violence arrest. The person who is arrested in such a case will need to have a hearing with a judge before paying bond and being released. During that hearing, every person will have the right to representation by a lawyer.
In addition to triggering an automatic arrest, a domestic violence dispute will also trigger automatic restrictions through a mandatory restraining order. That order will prevent the accused person from having any contact with the alleged victim, and his or her family members, and it will prevent the accused person from returning to his or her home. It does not even matter who owns the home.
Automatic restraining orders remain in effect until their associated cases are finalized or until the restraining orders are successfully modified with a judge’s approval. In the interim, violating the order could cause an immediate jail sentence of six months or more. Violations of a restraining order might include telephone contact, regardless who initiated the call. A violation might also include contact with the victim made on the accused person’s behalf by someone who is not the attorney of record.
At The Law Offices of J.B. Katz, P.C., we have represented numerous individuals in Colorado domestic violence disputes. In most situations, he can file a special motion to modify the restrictions relating to a mandatory restraining order within 24 hours of being retained by the accused person.