Denver Domestic Violence Lawyer

Defending Clients Facing Domestic Violence Charges in Colorado

At Fife Luneau, P.C., we have dedicated years of our practice to defending people against criminal charges, including domestic violence offenses. We understand that domestic violence cases in Denver often involve circumstances complicated by personal relationships. As a result, we are sensitive to each of our client's experiences and ensure that we treat each case with professional respect and discretion.

When someone acts violently or threatens violence against another person, that person may be guilty of the crime of assault. However, when someone uses violence or intimidation against their spouse or significant other, the law considers such an act domestic violence. 

To effectively navigate these charges, it's imperative to understand how unique factors, such as the history of the relationship and context of alleged incidents, play crucial roles in legal proceedings. Our thorough evaluation of these nuances helps in crafting a defense that considers the full scope of the situation.

Have you been charged with domestic violence in Colorado? Call Fife Luneau, P.C. today at (720) 408-7130 or contact us online to schedule a meeting with our domestic violence attorney in Denver!  

Understanding Domestic Violence Laws in Colorado

Under Colorado law, domestic violence is defined as “An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Colorado law defines “intimate relationship” as “a relationship between: spouses, former spouses, past or present unmarried couples, or persons who are both parents of the same child regardless of whether the persons have been married or have lived together at any time.”

Domestic violence is considered an enhancement in Colorado, meaning that it serves as an additional charge to other offenses like assault or harassment. This means that if you are accused of domestic violence, it's likely that there is another charge involved, complicating the legal battle.

Understanding this definition is crucial as it affects both the legal strategies employed and the potential outcomes of cases. It is also important to note that non-physical acts, like threats or certain verbal communications, can fall under domestic violence, complicating defenses but also offering avenues for a nuanced legal strategy that we develop diligently.

Offenses That Constitute Domestic Violence

Offenses that constitute or are related to domestic violence include:

• Misdemeanor domestic violence. A first domestic violence offense constitutes a misdemeanor. Addressing a misdemeanor effectively often involves careful consideration of plea deals and diversion programs, which can minimize life disruptions.
• Felony habitual domestic violence. Subsequent domestic violence offenses may be escalated into a class 5 felony. This escalation significantly increases potential penalties, demanding a strategic legal approach focused on undermining prosecution patterns and evidentiary challenges.
• Violation of a protective order. Violation of a restraining order prohibiting the restrained party from contacting the protected party. Understanding the specific terms of restraining orders and any alleged violations is critical, as these can sometimes lead to additional charges or penalties if not managed effectively.

The Mandatory Arrest Rule

Colorado is a mandatory arrest state. If Denver police respond to a call and find probable cause that an act of domestic violence occurred, they must arrest the suspected aggressor. They do not have the discretion to simply "let everyone cool off." This law frequently leads to the arrest of innocent individuals who were merely defending themselves or trying to de-escalate a situation.

Mandatory Protection Orders (MPO)

Upon arrest, an automatic protection order (C.R.S. 18-1-1001) is issued. This order typically:

• Prohibits all contact with the alleged victim.
• Bars you from your own home if the victim resides there.
• Requires you to relinquish all firearms and ammunition.
• Restricts access to your children if they were present during the incident.

As your domestic violence attorney in Denver, our first priority is often moving to modify these orders so you can return to your life and your family while we fight the charges.

Penalties and Collateral Consequences Of A Domestic Violence Conviction in Denver

A domestic violence conviction carries "hidden" penalties that are often more damaging than the initial fine or jail sentence.

Criminal Sentencing

• Mandatory Treatment: You must complete a state-certified domestic violence evaluation and a multi-month (often 36-week) treatment program at your own expense.
• Jail Time: While many first-time misdemeanors result in probation, repeat offenders or cases involving "strangulation" (often charged as Second-Degree Assault) face mandatory state prison.
• Habitual Offender Status: Under C.R.S. 18-6-801(7), if you have three prior domestic violence convictions, a fourth offense is automatically elevated to a Class 5 Felony, regardless of how minor the underlying act was.

Many people focus only on jail or probation when they think about penalties, but a domestic violence conviction in Denver can affect nearly every part of your life. A record of domestic violence can influence current or future family law proceedings, including how a judge in Denver District Court views parenting time, decision-making, or spousal maintenance. 

You may also face limitations in certain professions that require background checks, such as teaching, health care, or jobs that involve working with vulnerable populations. We take time to explain these collateral consequences so you can make informed decisions at each stage of the case.

There are also important consequences for housing, immigration status, and civil liberties that are not imposed directly by the criminal court but arise because of the conviction. Landlords and property managers in the Denver area often run background checks, which can make it more difficult to secure a lease if a domestic violence offense appears. 

Non-citizens can face serious immigration problems if a case is resolved in a way that is treated as a crime of domestic violence under federal law, even if the local sentence seems minor. By discussing these broader risks with a domestic violence lawyer, you can better evaluate whether a plea offer truly protects your long-term interests or whether alternative resolutions should be pursued.

Our Comprehensive Approach to Your Defense

At Fife Luneau, P.C., we utilize our National Trial Lawyers expertise to build a proactive defense:

• Challenging the "Predominant Aggressor" Theory: Police often arrest the person they think started the fight based on a 10-minute interview. We conduct a deeper investigation to show who the actual aggressor was.
• Self-Defense Advocacy: We leverage Colorado's self-defense laws to prove that your actions were a necessary response to a threat.
• Mitigating "No-Drop" Situations: Even when a partner wants to drop charges, we work with the DA to show that prosecution is not in the "interest of justice," often securing a dismissal or a "deferred judgment."
• Protecting Parental Rights: We coordinate with family law experts to ensure that a criminal charge doesn't unfairly result in the loss of your parenting time.

Contact Our Denver Domestic Violence Attorney Today 

Domestic violence charges are a serious matter. Therefore, you need a serious advocate in your corner who you can rely on to fight for your constitutionally guaranteed due process rights to receive a fair criminal proceeding. You should call Fife Luneau, P.C., and consult an experienced Denver domestic violence defense attorney for legal advice. We offer our clients round-the-clock access to our award-winning lawyers, who are also members of the National Trial Lawyers Association.

You can expect us to provide professional and compassionate criminal defense advocacy with personalized attention to the specific needs of your case. We are dedicated to strenuously fighting for your rights and best interests throughout each stage of your criminal proceedings. From police questioning to closing statements at trial, our lawyers will work hard to see your case through to the end. Our commitment is not only to defend but also to educate our clients, ensuring they understand every aspect of their situation and defense strategy.

Contact Fife Luneau, P.C. by calling (720) 408-7130 today to schedule a FREE consultation with our domestic violence lawyer in Denver.

Frequently Asked Questions About Domestic Violence in Denver

What Should I Do If I Am Accused of Domestic Violence in Denver?

If you are accused of domestic violence in Denver, it is imperative to take immediate action to protect your rights. First, comply with any orders issued by the court, such as no-contact orders, to avoid additional legal complications. Contacting a skilled domestic violence attorney in Denver should be your next step, as they can guide you through the legal process and help you understand the charges against you. Refrain from engaging with the accuser or violating any court orders, as these actions can exacerbate your situation. Collect as much evidence as possible, such as text messages or emails, which may support your version of events. Your attorney will work with you to create a defense strategy based on your circumstances, so keeping a detailed account of the events leading up to the accusation can be invaluable.

How Do Denver Courts Handle Domestic Violence Cases?

In Denver, domestic violence cases are taken very seriously by the courts. These cases often proceed rapidly, with initial hearings typically occurring within days of an arrest. The courts follow strict protocols, including mandatory arrest policies when probable cause exists. Defendants often face conditions such as protection orders that must be adhered to while the case is resolved. This can impact day-to-day life significantly, especially if you live with or share children with the accuser. Having strong legal representation is crucial to navigate these conditions and work towards a favorable resolution. Fife Luneau, P.C. is committed to ensuring our clients receive fair treatment while protecting their rights and upholding legal obligations.

What Are the Potential Penalties for Domestic Violence in Colorado?

The penalties for domestic violence in Colorado can vary based on the severity and nature of the accompanying charges. For a misdemeanor, penalties might include fines, probation, mandatory counseling, or community service. Felonies, such as habitual domestic violence, carry more severe penalties, including extended imprisonment. Additional repercussions can affect both criminal and civil rights, including the loss of gun ownership rights and difficulties in securing housing or employment post-conviction. Understanding the full range of potential penalties is crucial when preparing a defense. Therefore, comprehensive legal planning addresses both the present charge and its potential future impact.

Can a Domestic Violence Charge Be Dropped?

Dropping a domestic violence charge in Denver is not as straightforward as simply retracting a complaint. Once charges are filed, the decision to drop them lies with the prosecuting attorney, not the alleged victim. Prosecutors assess the evidence and public interest factors when deciding whether to pursue charges. Factors like the existence of evidence beyond the alleged victim's testimony, prior incidents, and the alleged victim's preference may be considered. Legal representation is invaluable in these circumstances to push for a dismissal or negotiate a favorable resolution. Our team at Fife Luneau, P.C. works diligently to advocate for our clients' best interests in each unique situation.

Why Is It Important to Hire a Local Denver Domestic Violence Attorney?

Hiring a local Denver domestic violence attorney ensures you have professionals who are familiar with local laws, courts, and judges, which can significantly impact the outcome of your case. Local attorneys, like those at Fife Luneau, P.C., understand the specific nuances of Denver’s legal procedures and know how to navigate the local justice system effectively. They build relationships within the community and court system, which can be an asset when negotiating plea deals or understanding how specific judges may view certain charges. Moreover, local attorneys can respond promptly to any developments in your case, providing you with more immediate support and maintaining a high level of communication. Our familiarity with the Denver community allows us to offer personalized service that takes your individual needs and conditions into account.