Colorado has some of the most onerous domestic violence penalties in the country. While many domestic violence cases are charged as misdemeanors, no one should think that such a charge is a minor event. The consequences of even a deferred judgment can be overwhelming. Read the rest »
Pop culture tells us that Valentine’s Day is a time for love, from romantic first dates to the rekindling of old flames. Unfortunately, for many people it can be a painful reminder of a relationship gone bad and ended through a difficult breakup. You might be tempted to reach out to your ex or make a grand gesture to try and win them back.
That’s all well and good…unless you’ve had a protection order issued against you. Read the rest »
If you or someone close to you is facing a domestic violence allegation in Colorado, it is an incredibly stressful situation. Once law enforcement is involved there are a couple things that you should know. This blog will detail the beginning stages of what happens when a domestic violence allegation is leveled at a person.
Will I Get Arrested?
This is a common question that we are asked here at The Bussey Law Firm. The short answer is: yes. Colorado law has a mandatory arrest provision in its law for allegations that are domestic violence in nature. 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.
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Two people were arrested after a vehicle was allegedly stolen with a child still in the backseat. According to a KOAA news report, the car was parked at a 7-11 on South Union in Colorado Springs. The man and woman left the car running with the child inside to use the ATM in the store. The car was then allegedly stolen and left on Whitman road with the child inside, unharmed. The man and woman did not steal or kidnap the child, but they were arrested when police investigated the incident. The man faces charges of attempting to influence a public official and child abuse. The woman faces charges of obstruction and child abuse. Both had outstanding warrants.
This complicated case has so far only resulted in the arrest of the people who left the car running with a child inside. Depending on the circumstances of the case, leaving a child unattended can be considered a form of abuse. Under Colorado Statute 18-6-401: “A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries.” Read the rest »