Domestic Violence Defense Lawyer in Denver

Common Domestic Violence Charges

Domestic violence offenses are often added as an enhancement to charges like:

• Assault and Battery: Physical violence or threats of harm during an argument or conflict
• Harassment: Repeated unwanted contact or intimidation
• Criminal Mischief: Damaging property, such as breaking phones, slashing tires, or punching walls
• Stalking: Surveillance or repeated contact that causes fear
• Child Abuse: Any mistreatment or neglect of a child during a domestic incident
• Sexual Assault or Unlawful Sexual Contact: Non-consensual touching or sexual acts
• Violation of a Protection Order: Contacting or approaching a protected person after being served with a restraining order

Colorado prosecutors can also introduce prior incidents of domestic violence—even if unrelated to the current case—under C.R.S. § 18-6-801.5. This law allows judges to admit past allegations as evidence to show a pattern of abusive behavior.

Colorado Domestic Violence Laws & Mandatory Arrest

Colorado law requires mandatory arrest in domestic violence cases. Under C.R.S. § 18-6-803.6, when police respond to a report of domestic violence and establish probable cause, they must arrest the alleged offender—regardless of whether the accuser wants to press charges. 

Once arrested:

• You remain in custody until a judge sets bail
• The court issues a mandatory protection order, which typically prohibits any contact with the alleged victim or return to the shared home
• The district attorney, not the alleged victim, decides whether to pursue or dismiss the case

Even if the accuser doesn’t appear in court or withdraws their complaint, the prosecutor can still move forward based on police evidence, witness statements, or prior incidents.

Consequences of a Domestic Violence Conviction

A conviction with a domestic violence enhancement, as outlined in C.R.S. § 18-6-801, carries serious legal and personal consequences. 

These may include:

• Mandatory enrollment in a 36-week state-approved domestic violence treatment program
• Ineligibility for alternative sentencing (such as home detention)
• Limited options for probation or parole
• Possible upgrade from misdemeanor to felony charges
• Lifetime loss of gun rights, under both state and federal law

In addition to these penalties, convictions are permanent and will show up on background checks—potentially affecting employment, housing, and child custody rights. If this is your fourth domestic violence-related conviction, Colorado law classifies you as a habitual domestic violence offender, which is a Class 5 felony carrying 1–3 years in prison and fines up to $100,000.