Denver Domestic Violence
Defense Attorney

Domestic violence charges in Colorado are unlike almost any other criminal charge — because of mandatory arrest laws, the process can spiral out of control before you've had a chance to say a word. A single 911 call, even one made out of anger or exaggeration, can result in an immediate arrest, a mandatory protection order that removes you from your home, and a criminal case that proceeds whether or not the alleged victim wants to press charges. William Bacharach defends individuals charged with domestic violence across Denver and the Colorado Front Range.

How Colorado Domestic Violence Law Works

Mandatory Arrest

Under Colorado law (C.R.S. § 18-6-803.6), when police respond to a reported domestic disturbance and have probable cause to believe a crime occurred, they are required by law to make an arrest. They have no discretion. Even if the alleged victim says nothing happened, even if they don't want anyone arrested, even if the officer believes the situation was a misunderstanding — an arrest must be made.

Domestic Violence Is a Sentence Enhancer, Not a Separate Crime

In Colorado, "domestic violence" is not a standalone criminal charge. Instead, it is a sentence enhancer applied to an underlying crime — assault, harassment, criminal mischief, menacing, stalking — when that offense is committed against an intimate partner. The underlying charge determines the penalty level; the DV designation triggers additional consequences.

Who Qualifies as an "Intimate Partner"

Colorado's domestic violence laws apply to current or former spouses, current or former unmarried couples, and parents of the same child. It does not automatically apply to other family members such as siblings or parents — those situations may be handled differently.

Mandatory Protection Orders

Upon arrest for a domestic violence charge, a mandatory protection order is issued immediately — before any hearing, before any evidence is reviewed, and regardless of what either party wants. This order typically prohibits contact with the alleged victim and may require you to vacate your own home. Violating the order is a separate criminal offense.

Defense Strategies for Domestic Violence Charges

When the Alleged Victim Wants to Drop Charges

One of the most common misconceptions is that if the alleged victim wants to drop the charges, the case goes away. In Colorado, it does not work that way — the prosecutor decides whether to proceed, not the alleged victim. However, a recanting or uncooperative alleged victim significantly weakens the prosecution's case, and an experienced attorney knows how to use that strategically.

False or Exaggerated Allegations

Domestic situations are highly charged emotionally. False accusations sometimes arise out of contested divorces, custody disputes, or relationship conflicts. William Bacharach investigates the full context of the allegations, gathers evidence of prior inconsistent statements, and challenges the credibility of the alleged victim's account where warranted.

Self-Defense

Colorado law recognizes self-defense in domestic violence cases. If you used force to protect yourself from imminent physical harm, this is a complete defense to the charge — even in a domestic context.

Challenging the Evidence

Many domestic violence cases rest on the alleged victim's account alone, with little physical evidence. William Bacharach challenges the sufficiency of the evidence, examines any photographs or medical records, reviews 911 call recordings, and scrutinizes police reports for inconsistencies.

Habitual Domestic Violence Offender

Under Colorado's habitual DV offender statute, a third domestic violence conviction — regardless of the underlying offense level — can be elevated to a class 5 felony. This makes the stakes of even a "minor" domestic violence charge potentially severe for anyone with prior DV convictions.

Getting Your Protection Order Modified

In appropriate cases, William Bacharach can seek modification of the mandatory protection order — for example, to allow contact regarding shared children — after the initial hearing. This requires a careful approach and an experienced attorney who understands how Colorado judges evaluate these requests.

Frequently Asked Questions — Domestic Violence in Colorado

What happens when you are arrested for domestic violence in Colorado?

Colorado has a mandatory arrest law — if police respond to a domestic violence call and have probable cause to believe an offense occurred, they must arrest someone. You will be booked, held until a bond hearing, and a mandatory no-contact protection order will be issued immediately.

Can domestic violence charges be dropped in Colorado?

The alleged victim cannot drop charges — only the prosecutor can. However, charges can be dismissed if the evidence is insufficient, if the alleged victim recants and there is no independent corroboration, or if constitutional violations occurred during the investigation. An experienced defense attorney challenges the evidence at every stage.

What are the penalties for domestic violence in Colorado?

Domestic violence is a sentence enhancer applied to the underlying charge (assault, harassment, menacing, etc.). It triggers mandatory domestic violence evaluation, treatment, and monitoring. A DV-enhanced misdemeanor can carry up to 364 days in jail. DV-enhanced felonies carry the underlying felony sentence range plus mandatory treatment.

Can I contact my partner after a domestic violence arrest?

No — not until the mandatory protection order is modified or lifted by the court. Violating a protection order is a separate criminal offense (M1) carrying up to 364 days in jail. Even if your partner contacts you first, responding is a violation.