Being arrested for domestic violence in Denver is a serious and often life changing event
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Being arrested for domestic violence in Denver is a serious and often life-changing event. Whether the allegations are accurate, exaggerated, or completely false, the legal system in Colorado handles these cases aggressively and swiftly. Understanding what happens next is crucial to protecting your rights and preparing for the road ahead.
Here’s a step-by-step breakdown of what to expect after a domestic violence arrest in Denver—and why contacting an experienced Denver domestic violence lawyer as early as possible is one of the most important decisions you can make.
In Colorado, domestic violence laws are strict. If the police are called to a domestic disturbance and they have probable cause to believe an act of domestic violence occurred, they are required by law to make an arrest. This is true even if the alleged victim doesn’t want to press charges or denies the incident occurred.
The arrest is mandatory and immediate. You’ll be taken into custody, booked, fingerprinted, and held in jail—often without the chance to post bond right away.
Unlike other types of charges, you cannot post bond and leave jail until you have appeared before a judge. This first appearance typically happens within 24 to 48 hours of arrest. During this court appearance, the judge will:
Advise you of the charges
Set conditions of your release
Determine bond
Issue a mandatory protection order (even if the alleged victim doesn’t request one)
By Colorado law, anyone arrested on domestic violence charges must have a mandatory protection order (often called a restraining order) issued against them as a condition of release. This order typically prohibits all contact with the alleged victim—no phone calls, texts, emails, or third-party communication.
This means you may be legally prohibited from returning home, seeing your children, or retrieving personal belongings unless the court later modifies the order.
Violating this protection order, even unintentionally, can lead to additional criminal charges.
One of the biggest misconceptions about domestic violence cases is that the alleged victim has the power to "drop the charges." In Colorado, that’s not the case.
Once an arrest is made, the District Attorney files and pursues the charges—not the alleged victim. Even if the other party changes their mind or refuses to cooperate, the case often moves forward based on police reports, witness statements, and physical evidence.
After your initial appearance and release, you will be given a series of court dates, beginning with an arraignment (where you formally enter a plea) and followed by pretrial conferences where the evidence is reviewed and possible plea deals are discussed.
You’ll also have the opportunity to file motions (such as to modify the protection order or challenge evidence), which can greatly influence the outcome of your case.
Navigating these hearings without a qualified Denver domestic violence lawyer is risky—especially given how fast and high-stakes the process can be.
There are three main ways a domestic violence case may be resolved:
Dismissal: Charges may be dropped if the evidence is insufficient, or if your lawyer successfully argues for a dismissal based on procedural errors or lack of probable cause.
Plea Bargain: Many cases are resolved through negotiated pleas that reduce charges or sentencing.
Trial: If the case goes to trial, both sides will present evidence, and a judge or jury will decide guilt.
Because Colorado classifies domestic violence as a sentence enhancer (not a standalone crime), it must be tied to an underlying charge like assault, harassment, or criminal mischief. If found guilty, you’ll face enhanced penalties—including mandatory domestic violence treatment and possible loss of gun rights.
A domestic violence conviction can impact your life long after the case ends. You may face:
Loss of firearm rights (federal and state)
Difficulty securing housing or employment
Permanent protection orders
Immigration consequences if you’re not a U.S. citizen
Custody and divorce complications
This is why it’s critical to take every step seriously and build a strong defense from day one.
Facing domestic violence charges in Denver can feel overwhelming—but you don’t have to go through it alone. A skilled Denver domestic violence lawyer can evaluate the evidence, challenge the prosecution, work to modify restrictive court orders, and help you secure the best possible outcome.
If you or someone you care about has been arrested for domestic violence, act quickly. Your rights, your record, and your future may depend on the actions you take right now.
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