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Domestic Violence and Mandatory Arrest

Domestic violence is one of the most pressing concerns in today's society, and it occurs in every community. In Colorado, regardless of intent, if a law enforcement officer believes he or she has developed probable cause that a crime was committed as an act of domestic violence an arrest will be made. If you are facing charges of domestic violence in Colorado Springs, read the following information to learn more.

The Definition of Domestic Violence

Colorado has defined "domestic violence" as "an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship ... [and] also includes any other crime against a person, or property,... when used as a method of coercion, control, punishment, intimidation, or revenge directed against person with whom the actor is or has been involved in an intimate relationship." C.R.S. 18-6-800.3(1). Here are some of the common categories of acts of domestic violence.

  • Physical: Physical violence involves hitting, pushing, choking, or any other physical act that is directed towards a person with whom you are involved in an intimate relationship. In some situations, prohibiting someone from receiving medical care is also considered a form of physical abuse.
  • Verbal: Threats, name calling, and unwanted, repeated communications can be considered domestic violence even though it is not a physical act.
  • Sexual: In addition to potentially being charged as a sexual offense, forcing a person to commit sex acts against their will can also be charged as an act of domestic violence.

Mandatory Arrest and Prosecution

In Colorado, if a person contacts law enforcement or if law enforcement investigates a complaint received from a third party, the presence of an intimate relationship can change how a law enforcement officer will handle a situation. Pursuant to C.R.S. § 18-6-803.6(1), when a peace officer believes he or she has established probable cause that a crime has been committed and that the crime was committed as an act of domestic violence as defined by C.R.S. § 18-6-800.3(1), the officer shall arrest the person suspected of the offense. For example, in Colorado Springs, persons who are arrested on suspicion of a domestic violence offense will be booked into jail and cannot post bond until they are advised by a Judge. This means that a person arrested on Friday may not be able to post bond until Monday. Different jurisdictions handle domestic violence complaints in varying fashions. Regardless of the jurisdiction, you want to have an experienced attorney at your side from the case's inception.

Call Our Office

Here at The Bussey Law Firm, P.C. in Colorado Springs, we understand the law in regards to domestic violence, and we will work diligently to clear your name if you have been falsely accused. There is no need to continue your search for a Colorado Springs criminal defense attorney when you can simply choose to work with us. Call our office now at (719) 475-2555 to schedule a consultation.

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