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Domestic violence is a serious problem, no one disputes that. However, situations arise when people are wrongly accused of domestic violence or even have allegations used against them for someone else to gain an advantage over them.

False allegations of domestic violence are terrible, but they do happen. That’s why it’s vital to understand the domestic violence laws in Colorado and what you can do to avoid being falsely accused of domestic violence in the state.

Here’s what you need to know about how Colorado handles domestic violence, a few tips to help you steer clear of domestic violence allegations, and what you should do if you ever find yourself falsely accused.

Domestic Violence in Colorado: What Is It?

Domestic violence is not a standalone crime in Colorado, but that doesn’t make it any less serious. If you are accused of domestic violence, it can be used to enhance the charges for another crime that you commit against someone you are, have been married to, or have dated.

If police are called to the scene for an alleged crime and suspect that domestic violence is involved, then they have the mandatory duty to arrest a person. This can trigger an order of protection against the alleged offender, which may mean you can’t stay in your home or have contact with the victim in any way – including any children in the home.

Domestic violence enhancements are typically associated with crimes such as assault, harassment, false imprisonment, sexual assault, and menacing, among others. However, they can apply to any criminal charge, even crimes that involve property or pets.

If you are convicted, then the penalty will depend on the underlying charge. Suppose you are convicted four times or more of a crime involving a domestic violence enhancement. In that case, you are labeled a habitual domestic violence offender, which is a Class 5 felony. That can result in up to three years in prison and fines of as much as $100,000.

Of course, there are other consequences to domestic violence enhancements in Colorado. If you are ultimately convicted of a crime with a domestic violence enhancement, it goes on your criminal record. In the future, that can impact opportunities for employment, your ability to get loans or housing, professional licensure, and rights to the custody of your children.

That’s why, if you are accused of a crime with domestic violence as an element, you need an experienced attorney to represent you.

Why Would You Be Falsely Accused in Colorado?

Someone may accuse you of domestic violence for a variety of reasons. In many cases, these accusations are used to get even with a partner, get someone out of their lives for good, give an advantage in a child custody battle, or even gain possession of a person’s property if they are married.

What Should You Do If Falsely Accused?

If you find yourself in a situation where you are falsely accused of a crime with a domestic violence enhancement, then you must take action to protect yourself.

You should:

Get an Attorney

The first thing you should do after being falsely accused of domestic violence is to seek the representation of an experienced attorney. They can help you from the beginning to build a defense that shows you are innocent of the charges against you.

Share all information you can and any evidence you may have with your attorney to help give you the best chances of beating these charges.

Don’t Violate Protective Orders

Even if you know the domestic violence allegations against you are false, never violate a protective order against you. Doing so is a crime itself and won’t give you an advantage in court to plead your case of innocence. If you violate a protective order, you can face additional charges that can result in fines of up to $1,000 and up to one year in jail as a Class 1 misdemeanor.

Stick To Your Story

Suppose you are falsely accused; never waiver in your story of the truth. Never change your story or contradict it, and stand by your claims of innocence. Stay focused and let your attorney lead you in the fight for justice. And remember to always stay calm in court, even if the prosecution tries to get a rise out of you. Remember, you are not in the wrong.

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. Countless legal organizations have recognized Mr. Martinez 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.