Domestic Violence Defense Lawyer in Denver
Accused of Domestic Violence in Colorado? Avoid Mistakes That Can Complicate Your Case
If you’ve been accused of a domestic violence incident in Colorado, the legal restrictions can begin before the case is resolved. An arrest may be followed by a mandatory protection order affecting contact, access to a shared home, communication, and firearm possession. Don’t discuss the allegations with police, contact a protected person, or delete messages and other potential evidence before obtaining legal advice.
We defend people facing domestic violence investigations, arrests, and criminal charges in Denver and throughout Colorado. We examine the underlying allegation, the police response, the applicable court orders, and the evidence the prosecution may use.
Call (303) 747-4032 or request a free consultation to discuss the accusation and your immediate next steps.
What Is Considered Domestic Violence in Colorado?
In Colorado, domestic violence is not a standalone crime. It is a designation applied in connection with another criminal offense, such as assault or harassment, when the alleged conduct involves someone in an intimate relationship with the accused.
As defined in C.R.S. § 18-6-800.3, domestic violence includes acts or threats of violence, as well as other crimes allegedly used to coerce, control, punish, intimidate, or seek revenge against someone with whom the accused has or had an intimate relationship.
This includes:
- Current or former spouses
- Unmarried couples or intimate partners, past or present
- Parents of the same child
Emotional abuse or relationship conflict alone isn’t automatically a criminal offense. The prosecution must still prove the elements of an underlying crime and establish why the domestic violence designation applies.
What Sets Us Apart?
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Former Prosecutor
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Results-Driven, Trial-Ready Advocacy
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24/7 Availability & Direct Access
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Free, Confidential Consultations
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30+ Years of Experience
Domestic Violence Defense Strategies in Colorado
Possible defense strategies depend on the facts and may include:
- False or incomplete accusations arising during divorce or custody disputes
- Lack of reliable evidence or inconsistent statements
- Acts of self-defense
- Improper conduct by law enforcement during arrest, search, or interrogation
We evaluate the available evidence, including police body-camera footage, text messages, photographs, recordings, witness accounts, dispatch records, and the circumstances of the investigation. Competing accounts can make timing, context, injuries, credibility, and the sequence of events central to the defense.
Attorney M. Colin Bresee’s former-prosecutor experience informs how we examine probable cause, police procedures, charging decisions, and the evidence the government may present. We also assess whether a search was lawful, whether statements were obtained in violation of constitutional rights, and whether evidence was collected or preserved properly.
Colorado law allows the prosecution to seek admission of prior domestic violence allegations under certain circumstances. We examine whether the legal requirements are satisfied and whether the evidence can be challenged before or during trial. A defense strategy may involve investigation, legal motions, negotiation, and trial preparation based on the facts of the case.
What to Do After a Domestic Violence Arrest
You should not speak with police officers or investigators without consulting your attorney first. Even well-meaning statements can be misinterpreted or used against you in court. Exercise your right to remain silent until your lawyer is present.
Comply with every term of a mandatory protection order or release order, even if the protected person initiates contact. Don’t return to a restricted residence, use another person to relay a message, or communicate through a different account if the order prohibits that conduct. A request from the protected person doesn’t modify the court’s order.
Preserve relevant messages, photographs, recordings, location information, court documents, and arrest paperwork without altering or deleting them. Write down the sequence of events and identify potential witnesses while the details are still available, but don’t ask anyone to change a statement or contact the protected person.
Release Conditions That May Continue After Bond
Posting bond doesn’t end the restrictions placed on you. Under C.R.S. § 18-1-1001, Colorado courts may impose reasonable terms of release based on the order and circumstances of the case.
Possible release conditions may include:
- No contact with the protected person or other people identified in the order
- No access to a shared residence or another specified location
- Restrictions involving alcohol, controlled substances, or monitored use
- Electronic or GPS monitoring when ordered by the court
- Travel, communication, or pretrial supervision requirements
- Restrictions on possessing, purchasing, or controlling firearms
The written order determines which conditions apply. Violating an applicable condition or protection order can result in re-arrest, court action, or additional criminal allegations under C.R.S. § 18-6-803.5.
Criminal Defense Informed by Trial Experience
Our firm, Law Offices of M. Colin Bresee, is dedicated solely to criminal defense. M. Colin Bresee has practiced criminal law since 1995, handled thousands of cases, and tried hundreds of jury cases. His background as a former prosecutor provides insight into how law enforcement and prosecutors investigate, evaluate, negotiate, and present criminal cases.
When you work with our Denver criminal defense attorney, we build a strategy around the specific allegation, available evidence, applicable orders, and procedural history. That preparation continues through negotiations and, when necessary, trial.