Mandatory Arrest In Colorado Domestic Violence Cases
In Boulder, a call about domestic violence can result in an arrest even if the situation is confusing, both people are upset, or the alleged victim does not want anyone taken to jail. Many are surprised to find that once police believe there is probable cause, the officer cannot treat it as a private matter. Arrests can happen quickly, and the consequences often start before anyone can talk to a lawyer.
Someone may be removed from their home, taken to jail, placed under a mandatory protection order, and told not to contact a spouse, partner, former partner, or family member. We know how overwhelming this can feel, especially when it affects your home, children, job, reputation, and future. At Watkins Law Firm LLC, we help people in Boulder and the Denver area after domestic violence arrests and related criminal charges.
What “Mandatory Arrest” Means In Colorado Domestic Violence Cases
Colorado’s mandatory arrest rule is found in C.R.S. § 18-6-803.6. Under that statute, when a peace officer determines that there is probable cause to believe a crime or offense involving domestic violence has been committed, the officer must arrest the person suspected of committing it without undue delay. The officer is also required to charge the person with the appropriate crime or offense.
This does not mean police have to arrest someone every time there is an argument. The officer still needs probable cause, which means there must be facts and circumstances that would make an officer believe a crime happened. However, once the officer thinks this standard is met in a domestic violence case, Colorado law often removes the officer’s choice. The officer does not need the alleged victim’s permission to make an arrest.
Domestic Violence Is Usually Attached To Another Charge
Colorado defines domestic violence under C.R.S. § 18-6-800.3 as an act or threatened act of violence against a person with whom the accused is or has been involved in an intimate relationship. The statute also includes certain crimes against a person, property crimes, municipal ordinance violations, or animal-related offenses when used as a method of coercion, control, punishment, intimidation, or revenge against a person in an intimate relationship.
This definition matters because domestic violence is usually not the only charge. It is often added to another crime. Common charges include third-degree assault, harassment, criminal mischief, menacing, stalking, trespass, blocking phone service, or violating a protection order. For example, breaking a phone, denting a door, sending a threatening text, or shoving someone during an argument can lead to a criminal charge with a domestic violence label if the relationship fits the law.
The Alleged Victim Cannot Simply Drop The Case
One of the most common questions we hear is whether the alleged victim can drop the domestic violence charge. In Colorado, the answer is not that simple. Once police make an arrest and prosecutors file charges, the case belongs to the state. The alleged victim’s wishes may matter, but they do not control whether the case continues.
This can seem unfair when both people want to move on, when the situation was blown out of proportion, or when the alleged victim tells the prosecutor they do not want to be involved. Prosecutors can still use 911 calls, body camera video, photos, text messages, medical records, officer testimony, neighbor statements, or earlier statements. Taking back a statement does not automatically end the case. That is why the defense must focus on the evidence, the law, and whether the prosecution can prove the charge beyond a reasonable doubt.
Mandatory Protection Orders After Arrest
After a domestic violence arrest, the court typically enters a mandatory protection order under C.R.S. § 18-1-1001. This order may restrict contact with the alleged victim, require the defendant to stay away from the home, prohibit alcohol or drug use, prevent possession of firearms, and impose other conditions while the case is pending.
A protection order can quickly disrupt your daily life. It might keep you from going home, talking to your spouse, seeing your children without court approval, or getting your belongings without help from law enforcement or a court order. Even if the alleged victim reaches out to you first, you could still be accused of violating the order. It is important to take these orders seriously from the very start.
Colorado separately criminalizes violation of a protection order under C.R.S. § 18-6-803.5. A person may be charged if they knowingly contact, harass, injure, intimidate, molest, threaten, or touch a protected person, or if they go to or remain at a prohibited location after having notice of the order. A violation can also involve conduct prohibited by the order, such as possessing firearms, using alcohol, or violating specific court conditions.
Many people get into more trouble because they believe a quick text, an apology, a message about parenting, or replying to the alleged victim is harmless. It is not. If the protection order says no contact, that means no calls, texts, emails, social media messages, messages through friends, or meeting in person unless the court changes the order. A new charge can make the original case much harder to defend.
How Mandatory Arrest Affects Bond, Home, Work, And Children
A domestic violence arrest can impact every part of your life. You may have to stay in jail until you see a judge. Bond conditions can limit your travel, who you can contact, alcohol use, firearms, and whether you can go home. If you have children with the alleged victim, parenting time and exchanges can become complicated. If you live together, the protection order can create an immediate housing problem.
Your job can also be affected. Missing work because of jail, court, or bond conditions can cause problems with your employer. If you have a professional license, you may have to report the arrest. Teachers, nurses, doctors, law enforcement, government workers, military members, and people with security clearances may face extra consequences. A domestic violence accusation can hurt your career even before any conviction.
Prior Domestic Violence Convictions Can Increase The Risk
Colorado law treats repeat domestic violence cases seriously. C.R.S. § 18-6-801 provides that a misdemeanor offense involving domestic violence can become a class 5 felony if the defendant has three or more prior domestic violence-related convictions that were separately brought and tried and arose from separate criminal episodes. This is often called habitual domestic violence offender treatment.
This means a case that seems like a misdemeanor can become much more serious if you have a qualifying history. Past cases can also affect your bond, plea deals, sentencing, probation, and treatment requirements. We carefully review your prior convictions, whether they count, and whether the prosecution can prove its claims.
Potential Legal Defenses Domestic Violence Cases
An arrest does not mean you are guilty. Police often show up after everything has happened. They might rely on incomplete information, emotional statements, visible injuries, damaged property, or guesses about who started it. Colorado’s mandatory arrest law does not guarantee the officer got the facts right.
We review body camera video, 911 calls, photos, medical records, witness statements, text messages, location data, and the timeline. We look for self-defense, defense of others, lack of intent, false accusations, mutual conflict, unreliable statements, missing evidence, mistaken causes of injury, and problems with proof. We also check if the relationship fits Colorado’s domestic violence law and if the underlying criminal charge can really be proven.
FAQs About Mandatory Arrest In Colorado Domestic Violence Cases
Does Colorado Require Police To Arrest Someone In A Domestic Violence Case?
Yes, if the officer determines there is probable cause to believe a crime or offense involving domestic violence has been committed. C.R.S. § 18-6-803.6 requires the officer to arrest the suspected person without undue delay when that standard is met. However, police do not have to arrest both people simply because both claim to be victims. They also do not have to arrest anyone if they determine there is no probable cause. The key issue is what the officer believed based on the evidence available at the scene.
Can The Alleged Victim Stop The Arrest?
Usually, no. Once police believe there is probable cause, the alleged victim cannot stop the arrest just by saying they do not want charges. Colorado’s mandatory arrest law puts the decision in the hands of law enforcement, not the alleged victim. This can be frustrating in cases with misunderstandings, exaggerated claims, or when people calm down after police arrive. But the arrest is only the start. The prosecution still has to prove the charge in court.
Is Domestic Violence A Separate Crime In Colorado?
Domestic violence is usually not a separate standalone crime. It is generally a designation or factual finding attached to an underlying offense. Under C.R.S. § 18-6-800.3, domestic violence involves an act or threatened act of violence against someone in an intimate relationship, or certain other crimes used for coercion, control, punishment, intimidation, or revenge. The underlying charge may be assault, harassment, criminal mischief, menacing, stalking, trespass, or another offense. The domestic violence designation can add serious consequences, including a mandatory protection order and treatment requirements.
What Happens After A Colorado Domestic Violence Arrest?
After arrest, the person is usually booked into jail and brought before a judge. The court may set bond and enter a mandatory protection order under C.R.S. § 18-1-1001. That order may prohibit contact with the alleged victim, require the accused to stay away from the home, ban alcohol or drug use, and restrict firearms. The case then proceeds through the criminal court. The accused must follow every court order while the defense is being prepared. Violating the protection order can lead to a new criminal charge.
Can I Contact The Alleged Victim If They Contact Me First?
You should not respond unless the court order says you can. If a mandatory protection order bans contact, the rule applies even if the alleged victim calls, texts, emails, or asks to meet. Responding could lead to a new charge for violating the protection order under C.R.S. § 18-6-803.5. Courts take these violations seriously. If you need to contact the alleged victim about children, property, or housing, it is safer to ask the court for permission instead of relying on informal agreements.
Can A Domestic Violence Case Be Dismissed?
Yes, some domestic violence cases are dismissed, but it depends on the facts, evidence, witness problems, legal defenses, and how the prosecutor views the case. The alleged victim’s request for dismissal can help in some cases, but it does not decide the outcome. We may challenge the main charge, the domestic violence label, the truth of statements, whether you acted in self-defense, whether injuries or damage were correctly blamed, and whether the prosecution can prove its case. A strong defense starts with a careful review of the evidence.
Call Watkins Law Firm LLC After A Colorado Domestic Violence Arrest
If you have been arrested after a domestic violence allegation, it is important to take the case seriously right away. Mandatory arrest, protection orders, bond conditions, and criminal charges can impact your home, children, job, record, and future. Watkins Law Firm LLC helps clients in Boulder and the Denver area defend against domestic violence-related charges, including assault, harassment, criminal mischief, menacing, protection order violations, and other related offenses.
Contact our Boulder domestic violence defense attorney by calling us 24/7 at 303-507-1324 for your free consultation. Our Boulder drug crime defense lawyer represents clients in Boulder and throughout the Denver area from our office locations in Boulder, Colorado.
