Colorado is known for having some of the toughest domestic violence laws in the country. These crimes are aggressively prosecuted, and anyone who is convicted of domestic violence will face serious consequences. For these reasons, it’s important to understand exactly what domestic violence is and how mandatory arrest laws will affect your case.
What is Domestic Violence?
Domestic violence is any act of physical violence or threatened act of violence directed at someone with whom the accused has an intimate relationship with, such as a spouse, ex-spouse, roommate, or any relative, either by blood or marriage. Damaging property belonging to these individuals can also be considered domestic violence if the defendant’s intent was to intimidate, control, or punish the victim.
What Are Mandatory Arrest Laws?
The state of Colorado has mandatory arrest laws that apply to domestic violence cases. This means a law enforcement officer who responds to a call about domestic violence must immediately arrest the accused aggressor if the officer has probable cause to believe a crime has been committed.
For example, let’s say a married man and woman get into a heated argument, and the man pushes the woman out of the way to storm past her. In the heat of the moment, the woman decides to call the cops to teach her husband a lesson, but after hanging up the phone, he apologizes to his wife and she instantly regrets calling the police.
Even though the couple has made up, the police officers are still on their way, and once they arrive, they will start to question both parties to find out what happened. If either party admits that the argument briefly became physical, or if the officers find other evidence of a physical fight, the officers have no choice but to arrest the husband.
The husband will still be arrested even if the woman does not want him to be or attempts to downplay the incident. As long as the officers have probable cause to believe domestic violence occurred, they must make an arrest.
The state enacted these laws in order to take a tough stance on domestic violence. But unfortunately, these laws often lead to innocent people facing criminal charges for a minor, isolated incident that occurred in a heated moment.
Have you been accused of committing domestic violence? If so, get in touch with the criminal defense attorneys at Reisch Law Firm today. Being labeled as a domestic abuser can affect many areas of your life, so we will fight tirelessly for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.