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July 21, 2020

What You Should Know About Domestic Violence

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Posted in General

Personal Injury Lawyer

Events over the last few years have shown lawmakers nationwide just how serious domestic violence (DV) is. As the seriousness of these types of crimes becomes more widely known, the penalties associated with them increases. The aim of this trend is to prevent domestic violence incidents from happening, which is a goal most people share.

However, as serious as domestic violence is, innocent people do sometimes have their entire lives turned upside down because of how DV crimes are prosecuted. If you are convicted on a domestic violence charge, you can expect to face jail time, fines and a radically altered future.

Whatever your situation, working with a lawyer from Richard J. Banta, P.C., can help position you for the best possible outcome. Of course, since each case is different, the outcomes will vary, but there are some things you should keep in mind as you prepare to go through the legal process.

Colorado’s DV laws

In Colorado, domestic violence isn’t a crime that is charged on its own. Instead, it’s usually added to an assault charge. This state also has rather broad guidelines when it comes to what constitutes domestic violence. Crimes ranging form property destruction to robbery can be considered a DV crime when certain criteria are meet. The best way to fully understand the charges you are facing and how you can fight them is to consult with an experienced defense attorney about about what happened.

In addition to understanding your charges, it’s important to remember that your freedom likely hinged on the victim getting a mandatory protection order. This order means you can’t come into contact with the person who is alleging you harmed them in person or on the internet. You also can’t contact them in any other way, including by phone or text.

If you violate this order and have contact with the person the order is meant to protect, you will face additional charges and your case will become harder to fight.

You can fight your charges

It can seem impossible to fight DV charges, but you can, in fact, do so in some situations. If your charges were not handled properly–such as not being read your rights or having an illegal search done that led to an arrest–they might be dropped. False accusations, although not common, do happen. Unfortunately, the alleging victim cannot drop the charges if the accusations were false; only the prosecutor can drop the charges.

There are also other options available if the above defenses do not apply to your case. If your situation involved alcohol or drug use, for example, you can attend rehab to demonstrate to the prosecution that you are working on your issues. If it involved anger issues, you can work with a therapist to help tackle those problems.

A DV conviction will impact your life now and in the immediate future. Don’t leave yourself at the mercy of the court system if you’ve been charged with domestic violence. Contact an experienced defense attorney about what happened today.

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