How Should You Respond to CO False Domestic Violence Allegations?
Posted By: Jacob Martinez
Category: Domestic Violence
Domestic violence is a concern that is real in Colorado, with people calling for help in domestic violence situations daily.
The state of Colorado takes domestic violence very seriously, as well. Those convicted of it can face prison sentences along with other very serious legal consequences that can follow them around for the rest of their lives.
Unfortunately, some people use the tough domestic violence laws in Colorado for purposes other than real domestic violence charges. It’s not totally uncommon for someone to accuse another of domestic violence falsely.
If this happens to you, what should you do? If you’re accused of domestic violence by a former or current romantic partner or household member, then you need to contact an experienced attorney right away. You can also take some simple steps to protect yourself and your future.
Comply with Orders of Protection
In Colorado, an order of protection can be granted to victims of domestic violence fairly easily. In fact, emergency orders can be granted on the basis of the testimony of the petitioner alone, so you may not even get to tell your side of the story before one is issued.
If you find yourself in this situation, follow the provisions set forth by the order. Remember, this is a legal court order, even if it is unfair. A violation can make it difficult to put forth a robust defense later.
On top of that, violating any part of the order is a criminal offense in itself, a position you don’t want to find yourself in. You can be made to pay fines or even spend time in jail if you defy the order. This can be quite inconvenient for you, since it may require you to move out of your home or even not see your children. Make sure to speak with a lawyer as soon as you can but make sure to follow the order in the meantime.
Don’t Talk To Police Without Your Lawyer
If you didn’t do anything wrong, then you may think that you don’t need to wait for your lawyer before talking to the police. While it’s understandable to feel that way, simply telling the truth may not be as simple as you think.
Answering questions from the police without your lawyer present can actually decrease the chances that you’ll be acquitted or that the charges against you will be dismissed. Police often can and do use interrogation tactics that are deceptive and confusing in order to get you to confess. You may easily say something that actually makes your case worse.
If you are taken into custody, and the police begin to ask you questions, then tell them very simply that you want a lawyer. If they continue to ask questions, don’t say anything until your lawyer is present. This serves to protect your rights in the situation because, don’t forget, you have them. You are innocent until proven guilty in the United States.
Document Any Injuries
It sometimes happens that those accused of domestic violence are actually victims themselves, but when the police arrive, things get confused – and they are taken into custody.
If this happens to you, then make sure to document any injuries you may have sustained. Take pictures of injuries you have, and get medical attention for them as soon as is possible. That way, you have pictures and medical records to bolster your version of events.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been recognized by countless legal organizations for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys for 2020, and is Lead Counsel rated.