"Domestic Violence" is not a crime. "Domestic Violence" refers to a classification of crime. It can refer to any crime between parties who are, or once were, in an "intimate relationship" -- spouses, former spouses, past or present unmarried couples, or parents of the same child.
Domestic Violence is not necessarily violent. The law defines "Domestic Violence" as an act or threatened act of violence upon a person with whom you have been in an intimate relationship. It includes crimes against another's property when used as a method of coercion, control, punishment, intimidation or revenge. The most frequently charged offenses relating to Domestic Violence are Assault, Harassment, and Criminal Mischief. Most are charged at the misdemeanor level, although Felony Domestic Violence charges are not uncommon.
In Colorado, the law requires that an arrest be made if the police have probable cause to believe an act of Domestic Violence has occurred. Once arrested, one cannot be released until appearing before a judge for setting of bond. Any bond will include conditions requiring the defendant to have no contact with the alleged "victim," possibly to vacate the home, to possess no firearms and to consume no alcohol. Monitored sobriety may be ordered. In some cases, GPS tracking devices are required. The court will also issue a Mandatory Protection Order mirroring these terms and conditions. Violation of the conditions of bond or a violation of the Mandatory Protection Order is a separate criminal offense which also requires mandatory arrest and setting a new bond.
Domestic Violence cases are placed on the "Fast Track." These programs are designed to extract guilty pleas from the accused before emotions have cooled. Often an accused will appear for advisement of rights and bond setting in the morning, and be back in court that afternoon for plea negotiations, even before they have had an opportunity to consult with an attorney. An accused should never enter a plea to any offer without first consulting with counsel.
If convicted of a Domestic Violence offense, sentencing must include Domestic Violence classes. An individual must complete either a Level A low intensity, Level B moderate intensity, or Level C high intensity track of treatment. Other consequences include the prohibition of ownership or possession of a weapon; possible job loss, particularly if your job requires you to work with firearms or ammunition; loss of security clearances, and possible deportation for non-citizens.
If you find yourself charged with Domestic Violence, contact The Law Office of Frederick P. Bibik immediately. Time is of the essence. We take these cases with the intention to proceed to trial. Only rarely are plea bargains appropriate with a Domestic Violence accusation. We will thoroughly investigate your case to insure that when we go to trial, the jury is presented with all of the pertinent and relevant facts and comes to a full understanding of the circumstances, including the "victim's" role and behavior leading to the charges.
