Domestic Violence Charges Bring Harsh Consequences. Protect Your Rights.
Colorado is a mandatory arrest state. If police respond to a call for a dispute and determine that a crime occurred between two people who are currently romantically involved or were once romantically involved, they must arrest the person or people they believe committed the crime. It is the romantic involvement, no matter how short the relationship, that determines whether domestic violence occurred. This means that even property crimes like minor criminal mischief are domestic violence. Before being bonded out, the arrested person must see a judge. This means that if you are arrested on a Friday, it is likely that you will not see a judge until at least Monday. You need an experienced attorney immediately after you have been arrested. I am attorney J.B. Katz, and I have represented people accused of domestic violence and other serious crimes for over 20 years. I will help you assert your rights and protect you from the serious consequences that may result from a conviction.
Mandatory Arrest And Protective Orders
In addition to the mandatory arrest for domestic violence, Colorado requires a mandatory protection order (restraining order) be filed and effective immediately. This causes the individual accused of domestic violence to be excluded from the family home, regardless of who owns the property and does not allow any contact with the victim. Unlike some states that only enter a 72-hour order, these protective orders remain in place until the end of the case unless the judge modifies the order earlier. A violation of this order is a violation of your bond and could result in a mandatory jail sentence of at least six months. This includes telephone contact, even if the other party initiates the call. It also includes any contact made on your behalf by a friend or family member. The only person who can contact the alleged victim or their family before the court modifies the order is your lawyer. The court will provide a hearing to modify these conditions relatively quickly, but it is imperative that you abide by the restrictions until the court modifies them. I can file a motion to modify the restrictions quickly, usually within 24 hours from when you hire me.
Aggressive Defense And Representation Essential
Once you have retained me as your lawyer, I will provide immediate representation. First, I will file a motion to modify the protection order at a bond modification hearing. Do not contact the alleged victim or his or her family yourself or have anyone other than your attorney contact them on your behalf. Either I or the district attorney’s office will notify him or her of the hearing date and time. The alleged victim must be notified of the hearing and any attempts to modify the conditions of the restraining order. Additionally, the alleged victim must complete a safety plan that is required prior to any bond modifications. Of course, you will probably need to get clothes and essential items that you need to live your life until the court modifies the bond conditions. You can obtain these items by contacting the local sheriff’s department for a civil stand-by that will allow you to go to your home with an officer one time only to get these things. At a minimum, there could be as much as 10 to 14 days of no contact of any kind between you and the alleged victim. This could mean no contact with your children, too. And if the alleged victim objects to any changes in the order, you may not be able to get back into your home at all. I can work on your behalf to develop a modified protective order that is acceptable to both you and the alleged victim.
Free Initial Consultation
Providing only criminal defense services, I am dedicated to protecting those charged with domestic violence in the Colorado mountains area. I am ready to assist clients who are not from the area with a “plea by mail,” so they may not have to return to the area for court. Please call my office at 970-368-2321 or contact my office today for a free initial consultation.