Domestic violence charges can turn your personal and professional life upside down. The fear of jail time, probation, classes, and a criminal record are all very real.
A domestic violence allegation in Colorado Springs moves fast and hits hard. In Colorado, police are required to make an arrest once they believe there is probable cause that a domestic violence offense occurred.
The court then imposes a mandatory protection order that can block contact with the alleged victim, prohibit returning home, and restrict firearm possession. By the time most people call a domestic violence lawyer, a full case is already being built against them.
Domestic violence is not a separate criminal charge in Colorado. Under C.R.S. § 18-6-800.3, domestic violence is a sentence enhancer and case designation that attaches to another alleged offense when the accusation involves an act or threatened act of violence against someone in an intimate relationship, or another crime against a person, property, or animal used as a method of coercion, control, punishment, intimidation, or revenge against that person.
At The McDowell Law Firm, we defend people charged with domestic violence related offenses in Colorado Springs and throughout El Paso and Teller Counties. Founding attorney Josh McDowell is a former Deputy District Attorney in Colorado’s 4th Judicial District.
He knows how these cases are charged, how they are tried, and where they can be broken apart. Since 2007, the firm has handled hundreds of DV cases with favorable results, including not guilty verdicts and dismissals.
Important: You have the right to remain silent and the right to an attorney. Do not make statements to police, to the alleged victim, or through text or social media about what happened. Do not try to “work things out” or return to a shared home. Even well-intentioned contact can create a new criminal charge. Contact a Colorado Springs domestic violence defense lawyer first.
A domestic violence designation can attach to many different underlying offenses. Identifying the correct charge is the first step in building a defense.
One Mistake Can Cost You Everything – Contact a Domestic Violence Defense Lawyer in Colorado Springs!
Most people assume they can explain their way out of a DV allegation, or that the case will cool off once the alleged victim calms down. That almost never happens.
Here is why an early defense matters.
Under C.R.S. § 18-6-803.6, once officers believe there is probable cause, Colorado law requires that an arrest is made. The wishes of the alleged victim do not stop that arrest, and they do not control what the prosecutor files later. The case belongs to the state from the moment the police decide probable cause exists.
At the first court appearance, the court issues a mandatory protection order under C.R.S. § 18-1-1001. That order commonly blocks contact with the alleged victim, bars returning to a shared home, restricts firearm possession, and can prohibit drugs or alcohol. Violating it, even if the contact seems mutual, can lead to a new charge for violation of a protection order under C.R.S. § 18-6-803.5.
Many clients are surprised to learn that the alleged victim cannot simply “drop the charges.” Under C.R.S. § 18-6-801(3), a court cannot accept a plea without the DV designation unless the prosecuting attorney makes a good-faith record that the state could not establish a prima facie case that the offense was committed against a person in an intimate relationship with the defendant. That legal reality changes the defense strategy entirely.
Under the federal Lautenberg Amendment, 18 U.S.C. § 922(g)(9), a misdemeanor conviction involving domestic violence permanently prohibits firearm possession. Colorado law under C.R.S. § 18-6-801(8) also requires relinquishment. For service members at Fort Carson, Peterson Space Force Base, or Schriever Space Force Base, and for law enforcement officers, a DV conviction can end a career.
Text messages get deleted. Neighbors forget what they heard. Body camera footage gets overwritten, and social media posts disappear. An early defense preserves evidence that may be the only proof of self-defense, mutual combat, fabrication, or exaggeration. The sooner we start investigating, the more evidence/information we can collect to prepare your case.
A DV allegation can affect divorce proceedings, custody disputes, military careers, professional licenses, housing, and background checks. Early, strategic defense often makes the difference between a dismissal, a deferred outcome, or a conviction that follows you for life.
If you are facing false accusations related to domestic violence, it is crucial to seek legal help immediately.
Domestic violence charges carry severe consequences, including hefty fines, imprisonment, job loss, mandatory D.V. treatment/therapy, and other legal penalties.
In such situations, our experienced Domestic Violence Lawyer Colorado Springs can provide effective legal representation. We aim to help you achieve the best possible outcome. Delaying action could disrupt your life significantly.
At McDowell Law Firm, we take pride in offering exceptional legal assistance to clients in Colorado Springs. We have garnered numerous positive testimonials from past clients who were once in similar situations but achieved favorable outcomes with our guidance and expertise.
Regardless of how dire your or your loved one’s circumstances may appear; there is always hope. Our exceptionally capable team is here to help you find that glimmer of light and navigate through this challenging time. We aim to support you in both emotional and personal challenges so you can become empowered enough to make well-informed decisions.
With a background as a prosecutor in the Colorado Springs DA office, our founding attorney, Josh McDowell, has handled hundreds of DV cases. Many of those cases have gone to jury trial or court trial with favorable results. If you’re determined to reclaim your life post a criminal charge, don’t hesitate. Reach out to our criminal defense lawyers today for a free consultation .
Your future is at stake, and you deserve a strong, efficient domestic violence defense attorney by your side. Act promptly to safeguard your freedom and secure your future.
Josh McDowell served as a Deputy District Attorney in Colorado’s 4th Judicial District. He has prosecuted DV cases, and he knows how the El Paso County DA’s office builds and evaluates them.
The firm has handled hundreds of DV cases in El Paso and Teller Counties since 2007, including jury trials, dismissals, and negotiated dispositions that protected clients’ records.
Josh’s work has been featured on CBS’s 60 Minutes, ABC News, HuffPost, The Joe Rogan Experience, Vice, The Denver Post, The Daily Mail, The Gazette, and more.
Every case gets a tailored defense. No cookie-cutter pleas. We look at the underlying offense, the intimate relationship element, and the collateral consequences together.
When you call, you reach Josh. Clients are not passed off to paralegals. Your questions get answered by the lawyer handling your case.
We understand the specific stakes for service members at Fort Carson, Peterson Space Force Base, and Schriever Space Force Base, and for professionals whose licenses are on the line.
McDowell Law Firm has been handling Domestic Violence Cases successfully since 2007 in Colorado Springs, El Paso and Teller Counties. Our seasoned Colorado Springs domestic violence lawyers consistently dedicate themselves to thoroughly examining our clients’ cases. We completely understand the emotional roller coasters our clients go through when charged with domestic violence, and we approach each case with empathy. By attentively listening and understanding their anxieties, we construct tailored defense strategies for every case.
These are the results of some of our long list of successful domestic violence cases we have handled. In every case we strive for a dismissal or acquittal. However, in some cases, reaching a favorable plea bargain is in our client’s best interest.
In a recent case, our client was wrongfully accused of domestic violence. Through thorough investigation and presenting compelling evidence, the DA elected not to proceed on the morning of trial . As a result, the charges were DISMISSED and SEALED, and our client’s record remained unblemished.
In another case, our client faced severe felony domestic violence charges where the incident was all recorded on video . Through skillful negotiation and presenting strong mitigating factors, we successfully negotiated reduced charges. The client was able to avoid jail time and instead received probation, allowing them to maintain employment and family stability.
In a particularly complex felony assault case, our client was accused of domestic violence assault against an ex-girlfriend. However, through strategic legal maneuvers, careful cross-examination of law enforcement and expert witnesses, the Jury found our client NOT GUILTY on all counts.
Not automatically, and not at the alleged victim’s request. Under C.R.S. § 18-6-801(3), a court cannot accept a plea to an offense without the DV designation unless the prosecuting attorney makes a good-faith representation on the record that the state cannot prove the intimate relationship element a prima facie case that the underlying offense was committed against a person in an intimate relationship with the defendant. In practice, defense efforts can focus on challenging the intimate relationship element, the underlying offense, or both.
Domestic violence cases move on a different track than most misdemeanor cases.
Because Colorado is a mandatory arrest state for DV, you are typically taken into custody at the scene and transported to the El Paso County Criminal Justice Center (CJC) for booking. For lesser allegations, officers may issue a summons, but custodial arrest is the norm in DV cases.
Undoubtedly, domestic violence is a serious issue in many relationships. It impacts numerous victims nationwide. Regrettably, some individuals exploit the justice system’s efforts to combat abusive relationships by making false claims. Whether motivated by malice or a desire to gain an upper hand in divorce or custody proceedings, when these accusations are false, they can severely harm the wrongly accused party.
In cases where law enforcement determines there’s probable cause for a domestic violence charge, the accused individual faces immediate and mandatory arrest. It is crucial to promptly engage the services of a domestic violence attorney Colorado Springs. Without effective legal representation, your future could be at serious risk.
Due to a lack of awareness about the criteria for domestic violence, or through making a bad decision decision while emotions are high, many individuals find themselves charged with domestic violence in Colorado. Any conflict involving former intimate partners can lead to a domestic violence charge, encompassing actions like menacing, harassment, assault, criminal mischief, or trespassing.
Our top Colorado Springs Domestic Violence Attorneys can provide the assertive representation you require to challenge unwanted domestic violence charges and safeguard your freedom. We have earned the trust of Colorado Springs as the go-to DV defense firm since 2007. We are here to offer you unwavering support, expert legal guidance, and a relentless defense.
You will be brought before a judge, usually the next court day, for an advisement of charges and bond. At that first appearance, the court enters a mandatory protection order that typically prohibits contact with the alleged victim, bars returning to a shared residence, and restricts firearms, drugs, and alcohol.
DV cases often carry more restrictive bond conditions than other misdemeanors. An experienced defense attorney can argue for reasonable bond conditions, push back on overbroad residence restrictions, and address employment or parenting time concerns early.
At arraignment, the charges are formally entered. Defense counsel receives discovery, including police reports, 911 audio, body camera footage, photographs, witness statements, medical records, and any prior DV-related history the prosecution intends to use under C.R.S. § 18-6-801.5.
Most DV cases resolve through negotiation. Colorado’s fast-track DV process means pretrial conferences often come quickly. Defense efforts can focus on challenging the intimate relationship element, the underlying offense, the credibility of the alleged victim, and the sufficiency of the evidence.
If a plea agreement isn’t reached, the case proceeds to motions and trial. You have a constitutional right to a jury trial on any charge carrying more than six months of possible incarceration. In county court, juries are composed of six jurors. In district court, a jury is made up of twelve citizens. A DV trial often turns on cross-examination, inconsistent statements, and the absence of corroborating evidence.
If the case ends in conviction, sentencing under C.R.S. § 18-6-801 requires a DV treatment evaluation and, typically, a DVOMB-approved treatment program. If the case ends in dismissal, deferred judgment, or acquittal, record sealing may be available depending on the outcome.
The first 48 hours after a domestic violence arrest are the most important. Bond conditions are set, a mandatory protection order is entered, and evidence is either preserved or lost. What you do in this window can quietly decide the outcome of your case before it ever reaches a courtroom. These five steps will protect you.
By the time officers are questioning you, they are gathering evidence, not looking for your side of the story. Well-meaning attempts to “clear things up” at the scene almost always hurt the defense. Politely say, “I want to speak with an attorney before answering any questions,” and then stop talking.
That sentence is not obstruction, and it cannot be used against you. Do not explain, do not speculate, and do not try to convince the officer that the alleged victim was at fault. Everything you say will end up in a police report and later in a prosecutor’s file.
Once the mandatory protection order is entered at your first court appearance, any contact with the protected person, direct or indirect, is a separate crime under C.R.S. § 18-6-803.5. That includes text messages, phone calls, emails, social media messages, messages passed through a family member or friend, and even apologies.
If the alleged victim reaches out to you first, it does not make contact legal. If you want the order modified, that must happen through the court, through your attorney. A new protection order violation case can turn a manageable misdemeanor into a string of charges that are much harder to resolve.
If the protection order bars you from a shared residence, do not go back, even briefly, even for clothes, medication, a laptop, or pets. A single return home can trigger a new arrest and new charges. If you need belongings from the residence, your attorney can arrange a civil standby with law enforcement or work out supervised retrieval through the court. Police drive past these homes. Neighbors report. Do not gamble your freedom on the idea that a ten-minute visit will go unnoticed.
Start documenting immediately. Save every text thread with the alleged victim, not just the ones that help you. Export voicemails. Screenshot social media posts, Snapchats, and DMs before they disappear. Save photos with timestamps, including any photos of your own injuries.
Write down a timeline of the incident while it is fresh, including who was present, what was said, where everyone was in the home, and the order of events. Identify potential witnesses, neighbors, coworkers, anyone who was on the phone with either party, and note their contact information.
Do not delete anything from your phone or social media, even messages that look bad out of context. Defense counsel can work with context. They cannot work with evidence that is gone.
The most important step is the fastest one. Bond arguments happen within the first court day. The mandatory protection order is entered at that first appearance, and its terms shape where you live, how you work, and whether you see your children. Discovery, witness preservation, and negotiations with the prosecutor all begin early.
A defense attorney brought in during the first 48 hours can often reshape bond conditions, push back on overbroad protection order terms, preserve body camera footage, and identify weaknesses before the state’s case hardens. Waiting a week or two to “see how things go” gives up ground that is hard to take back.
The moment a domestic violence allegation is made, you become the focus of a state-run criminal investigation. The Constitution gives you powerful protections, but those protections only work if you know them and use them. In a DV case, where arrests are mandatory and the case moves fast, exercising your rights early is often the difference between a dismissal and a conviction.
The Fifth Amendment protects you from being forced to answer questions. Anything you say to police, a 911 dispatcher, a loss prevention officer, or a detective, even a “harmless” explanation, can be used against you. Invoking the right to remain silent cannot legally be held against you. Your statements almost always can be.
The Sixth Amendment guarantees your right to have an attorney present during any custodial interrogation. Once you clearly invoke this right, police must stop questioning you. You do not have to answer questions until your lawyer is present, no matter what an officer suggests or implies.
In felony and misdemeanor domestic violence cases in Colorado, you have the right to a jury trial. Any charge carrying more than six months of potential incarceration triggers that right. In El Paso County Court, a misdemeanor DV jury is made up of six jurors.
In district court, where felony DV cases are heard, the jury is twelve. The state must prove both the underlying offense and the domestic violence designation beyond a reasonable doubt.
The Fourth Amendment protects you from unreasonable searches and seizures. Evidence obtained through unlawful entry, illegal searches, coerced statements, or Miranda violations may be suppressed. You also have the right to cross-examine every witness the state calls, to subpoena witnesses, and to expose inconsistencies in the prosecution’s case.
You are presumed innocent until proven guilty. You have the right to present a defense, call your own witnesses, introduce exhibits, and argue self-defense, mistaken identity, false accusation, or lack of intent. You also have the right to choose whether to testify. The state carries the entire burden of proof.
Every case is different, but the following issues are commonly explored in Colorado domestic violence defense.
Colorado law recognizes a strong right of self-defense. Police often arrest first and sort out the details later, and the person with the louder voice, more obvious injury, or faster call to 911 is not always the aggressor. If you used reasonable force to protect yourself, a thorough self-defense investigation can expose it.
Divorce, custody disputes, breakups, and jealousy all create motives to exaggerate or fabricate. DV allegations are sometimes used strategically to influence family court outcomes. Defense often includes a careful review of timing, pending family law proceedings, and prior inconsistent statements.
The allegation does not always match the photographs, body camera footage, or medical records. When the physical evidence does not support the claim, the defense can attack the credibility of the account directly.
Charges like harassment and menacing require proof of a specific mental state. Words spoken in a heated argument, or a gesture taken out of context, do not automatically satisfy the statute.
A 911 call, body camera statement, later affidavit, and courtroom testimony often do not line up. Careful cross-examination can turn inconsistent statements into reasonable doubt.
False imprisonment requires more than a heated argument or someone standing near a doorway. The defense often turns on timing, movement, and whether the alleged restraint actually meets the statutory definition.
Texts, call logs, deleted messages, and partial screenshots often tell only part of the story. Full message threads and metadata frequently undermine a cherry-picked narrative.
The DV designation requires the state to prove the parties are or were in an intimate relationship as defined in C.R.S. § 18-6-800.3(2). If that element fails, the DV enhancement and its consequences (including firearm relinquishment and mandatory treatment) do not attach, even if the underlying charge proceeds.
Warrantless entries, unlawful searches, improper interrogations, and Miranda violations can all lead to suppression of evidence. In DV cases where statements from the scene are often central, suppression can be decisive.
In Colorado, domestic violence cases often start with an argument, a 911 call, or a report from a spouse, ex, dating partner, co-parent, etc.
Note: DV means intimate or former intimate partner. This does not include parents, siblings, or general household members.
Officers are directed to collect and preserve evidence and to note whether children may have seen or heard the incident. That means many domestic violence cases are built quickly, often on limited information gathered at a chaotic scene.
The charge on paper may look minor, but the domestic violence designation (sometimes called a “DV Tag” or DV aggravator”) changes the stakes fast.
At our domestic violence law firm, we understand the complexities of stalking cases. Stalking involves a pattern of unwanted attention, harassment, contact, or any other behavior causing fear or concern. Our experienced attorneys are dedicated to protecting your rights and ensuring a comprehensive defense against stalking charges.
Facing assault allegations can be daunting, but you don’t have to face them alone. Our skilled legal team specializes in assault cases, ranging from simple to aggravated assault. We accurately evaluate the evidence, challenge witness testimonies, and craft a strong defense strategy tailored to your specific situation.
Being accused of menacing requires a strategic approach. Our attorneys are well-versed in Colorado laws regarding menacing offenses. We work tirelessly to investigate the circumstances surrounding the charge, ensuring your side of the story is considered and building a compelling defense to protect your rights.
False imprisonment charges can be complex, involving intricate legal nuances that are fact and case specific. Our attorneys possess the expertise needed to navigate these cases. We meticulously analyze the evidence, challenge legal procedures, and build a robust defense to safeguard your rights and freedom.
Harassment allegations can have serious consequences, affecting both personal and professional life. Harassment can be charged for strike/shove/kick, or it can be repeated phone calls or unwanted communications. Our firm specializes in harassment cases, offering aggressive legal representation. We explore all angles, challenge the evidence, and craft a persuasive defense to protect your reputation and future.
Violating a restraining order can lead to serious consequences. Our proficient and best domestic violence lawyer Colorado Springs has years of experience in successfully defending individuals accused of restraining order violations. We scrutinize the details of the order, investigate the circumstances, and build a solid defense to protect your rights and ensure a fair legal process.
Because domestic violence is a sentence enhancer, the penalty depends on the underlying charge and the applicable Colorado misdemeanor or felony class. The table below summarizes general statutory ranges for charges commonly filed in Colorado Springs domestic violence cases.
Sentencing ranges shown are statutory presumptive ranges. Extraordinary aggravating or mitigating circumstances, crime of violence findings, and repeat offenses can alter these ranges. Fines shown are statutory maximums; actual fines are set by the court.
The consequences following a conviction can be exceptionally harsh, especially if there are allegations of physical harm to an intimate partner. A prior domestic violence conviction significantly influences the court’s sentencing decision.
If found guilty, you would potentially face lengthy periods of incarceration, ranging from months to even years depending on the severity of the charges. Additionally, a conviction can lead to various personal repercussions, including:
under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)) and C.R.S. § 18-6-801(8). Military, law enforcement, and security jobs are especially affected.
Facing domestic violence allegations can jeopardize your employment. Employers may terminate your position upon learning about such charges, impacting your financial stability and future career prospects.
At our law firm, we understand the gravity of this situation and work relentlessly to protect your rights and employment status. Our experienced domestic violence legal professionals strive to mitigate the impact on your job, providing robust legal representation and strategic defense tailored to your case.
One of the most devastating consequences of domestic violence charges is the potential loss of child custody. Courts prioritize the safety and well-being of children, and allegations of domestic violence can significantly impact custody decisions.
Our dedicated legal team specializes in child custody cases involving domestic violence. We fight vigorously to protect your parental rights, ensuring a thorough examination of the evidence and presenting a compelling case to safeguard your relationship with your child.
Domestic violence convictions often come with hefty fines, adding financial strain to an already challenging situation. Our network of the best domestic violence lawyers in Colorado Springs particularly assesses the details of your case, identifying any potential weaknesses in the prosecution’s evidence.
We strategize a strong defense to minimize fines or, if possible, have the charges reduced or dismissed, alleviating the financial burden on you and your family.
including potential inadmissibility or deportation for non-citizens. Certain domestic violence, stalking, child abuse, and protection order convictions can create serious immigration consequences under federal law. Whether a particular offense is also considered a crime involving moral turpitude depends on the specific charge and its elements.
Colorado Springs domestic abuse charges can severely tarnish your professional and personal reputation. Society often stigmatizes individuals facing such charges, leading to social isolation and damaged relationships.
Our compassionate legal team understands the importance of preserving your reputation. Our experienced lawyers for domestic violence victims diligently work to challenge the allegations, utilizing our expertise to defend your character and mitigate the impact on your personal and professional life.
There is a risk of losing professional license for nurses, teachers, real estate agents, financial professionals, and many other regulated occupations.
Domestic violence convictions may require mandatory attendance in treatment or behavior modification programs. While these programs aim to rehabilitate, they can be intrusive, costly and time-consuming.
Our skilled domestic violence prosecutors are well-versed in Colorado’s legal landscape, advocating for alternative sentencing options when appropriate. We explore every avenue to minimize the impact on your daily life, ensuring fair treatment and protecting your rights throughout the legal process.
Even though you are presumed innocent until proven guilty, the burden of defending against charges can be overwhelming, especially when you are entirely innocent. It necessitates strong expertise and experience to either dismiss or lessen these charges significantly.
At McDowell Law Firm, our best Domestic Violence Lawyers in Colorado Springs are dedicated to minimizing the impact on your life and future. Here’s how we strive to achieve this:
When facing domestic violence charges, you need strategic legal counsel tailored to your specific situation. At our firm, we craft personalized defense strategies by analyzing every detail of your case. Our experienced attorneys delve deep into the evidence, challenge witness testimonies, and identify legal issues to build a robust defense.
Our legal experts employ various defenses against domestic violence allegations, including asserting that:
A thorough investigation is the cornerstone of a strong defense. Our dedicated team conducts comprehensive inquiries into the circumstances surrounding your case. We may gather evidence, interview witnesses, and scrutinize police procedures to uncover any inconsistencies or violations of your rights.
This methodical approach allows us to present a compelling case in court, strengthening your defense against domestic violence allegations.
If you are charged with domestic violence, you should be aware of the consequences of the Lautenberg Amendment under Federal law. If you are convicted of a Domestic violence charge, you could lose your Second Amendment rights to possess a firearm. This is especially serious for members of the Armed Forces or law enforcement.
In complex domestic violence cases, expert witness testimonies can make a significant difference. We collaborate with reputable experts who can provide professional insights, ranging from forensic analysis to psychological evaluations. These expert testimonies can challenge the prosecution’s evidence and bolster your defense. If your case requires, we can employ skilled domestic violence legal specialists to support your case, ensuring a thorough and persuasive defense strategy.
Skillful negotiation and plea bargaining can lead to favorable outcomes. Our seasoned domestic violence attorneys are adept at engaging with the prosecution to explore potential alternatives to trial. We negotiate for reduced charges, deferred sentences, or lenient sentencing options when appropriate. Our goal is to minimize the impact of domestic violence allegations on your life, negotiating for the best possible resolution and protecting your future.
Above all, we are staunch advocates for your rights. We ensure that law enforcement and the prosecution respect your constitutional rights throughout the legal process. We challenge any evidence obtained unlawfully and work tirelessly to protect your rights to a fair trial. Our unwavering commitment is to safeguard your fundamental rights and liberties, providing you with a strong and ethical defense against domestic violence charges.
Facing domestic violence allegations is emotionally challenging. Our compassionate legal team provides unwavering support and guidance throughout this difficult time. We understand the stress and anxiety you may be experiencing and offer empathetic assistance. While our highly professional and empathetic attorneys are dedicated advocates in the courtroom, they are also reliable allies who listen to your concerns and provide the compassionate support you need.
Joshua J. McDowell, Esq. is the founding attorney of The McDowell Law Firm in Colorado Springs.
He is a graduate of the University of Colorado Law School (J.D. 2003) and has lived in Colorado Springs since 2004, when he joined the Fourth Judicial District Attorney’s Office as a Deputy District Attorney serving El Paso and Teller Counties.
After serving as a Deputy DA, Josh moved into private practice to defend people charged with crimes and to protect accident victims.
His experience includes service as Alternate Defense Counsel in El Paso County and Juvenile Courts, and as Court-Appointed Defense Counsel in Colorado Springs Municipal Court. This unique perspective, having worked inside the DA’s office, and in private practice, lets him anticipate how the state will approach a case and find the weaknesses others miss.
Josh has taken hundreds of DV cases through the Colorado criminal justice system since 2007. His victories in criminal defense matters have included dismissals of cases that looked strong on paper, charge reductions, deferred judgment and sentences, and jury acquittals.
Many of Josh’s cases and legal work have been covered by national and international media, including in a high-profile case featured on CBS’s 60 Minutes, tied to what was described as the largest criminal investigation in the history of the Army’s Criminal Investigation Command.
If you find yourself involved in a domestic violence matter, act swiftly and responsibly. First, prioritize your safety and the safety of others involved. If approached by law enforcement, exercise your right to remain silent. Anything you say can be used against you in a court of law. Subsequently, consult with our experienced Domestic Violence Lawyers at McDowell Law Firm.
Gather any relevant documents or evidence related to the incident, such as texts, emails, or witness statements. Be honest and thorough when discussing the situation with your attorney, as clear communication is essential. Follow their guidance diligently and adhere to any legal instructions provided. Remember, your attorney is your advocate, working tirelessly to protect your rights and secure the best possible outcome for your case.
We have handled hundreds of DV cases in Colorado Springs since 2004. Both as a prosecutor, and as defense counsel. McDowell Law Firm possesses a wealth of expertise in managing domestic violence cases. Although every case is unique, chances are, we’ve handled many cases very similar to your own.
Our adept Domestic Violence Lawyer in Colorado Springs has effectively represented numerous clients facing similar situations. We possess in-depth knowledge of the intricacies of these cases and are thoroughly familiar with Colorado’s domestic violence laws.
You can be confident that we have the necessary skills and unwavering dedication to handle your case with professionalism. By choosing our services, you gain access to our established reputation, responsive approach, and steadfast commitment to achieving the most favorable outcome for your unique circumstances. Your confidence in our experience will serve as a valuable asset in constructing a robust defense strategy for your case.
A Domestic Violence Lawyer in Colorado Springs from the McDowell Law Firm can offer invaluable assistance if you’re facing domestic violence allegations. Primarily, we provide you with expert legal advice, explaining your rights and options clearly. We carefully analyze the evidence against you, identifying any weaknesses or inconsistencies.
Our team curates a powerful defense strategy tailored to your case, challenging the prosecution’s claims and ensuring a fair trial. We handle all the complex works of the legal system on your behalf including handling paperwork, court procedures, and negotiations. Our lawyers have a deep understanding of Colorado’s domestic violence laws, enabling us to create compelling arguments to protect your rights and reputation.
We can negotiate with the prosecution for reduced charges or explore alternative sentencing options, aiming to minimize the impact on your life. Additionally, our trained best domestic abuse lawyers will guide you through this tough time with compassion. With the best Domestic Violence Lawyer in Colorado Springs by your side, you can rest assured that your case is in capable hands.
Although every case is different, in Colorado, domestic violence cases typically follow a similar legal process. Initially, law enforcement responds to a domestic violence incident to investigate the allegations. Subsequently, charges might be filed based on the evidence gathered. If you are charged, you’ll be arrested and appear before a Judge to have your bond set. You will be informed of the charges, and allowed to enter a plea. The court will issue a restraining order that can include: a prohibition on weapons, limiting contact with the alleged victim, leaving your shared residence, no drugs or alcohol, and more.
Pre-trial hearings occur, where evidence is reviewed, and negotiations might take place. If a resolution isn’t reached, the case proceeds to trial. During trial, evidence is presented, witnesses testify, and both parties argue their case. If you are found guilty, sentencing follows. This can involve fines, possible imprisonment, and mandatory counseling and probation.
Hire an experienced domestic abuse attorney in Colorado Springs to take you through this financially and emotionally draining process. They will analyze your case, challenge evidence, and provide a strong defense, ensuring your rights are protected at every step. Don’t hesitate to seek legal counsel to secure the best possible outcome for your situation.
No. Under C.R.S. § 18-6-800.3, domestic violence is not a standalone criminal charge. It is a sentence enhancer and case designation that attaches to another offense, such as assault, harassment, menacing, false imprisonment, or obstruction of telephone service, when the accusation involves an act or threatened act of violence against a person with whom the actor is or has been in an intimate relationship, or when another crime is used against that person as a method of coercion, control, punishment, intimidation, or revenge. The designation triggers mandatory protection orders, mandatory treatment evaluations, firearm restrictions, and other consequences.
A DV case does not automatically become a child abuse case just because a child was in the house. Colorado law under C.R.S. § 18-6-803.6 requires officers to note whether a child may have seen or heard the alleged offense, but that alone does not prove child abuse. Under C.R.S. § 18-6-401, a child abuse charge may be added if a child is allegedly injured, endangered, or unreasonably placed in a situation posing a threat of injury, or in cases involving a continued pattern of cruel punishment, unreasonable isolation, repeated threats made in the child’s presence, or a continued pattern of domestic violence committed in the child’s presence. Prosecutors sometimes add a child abuse count when a child was trapped in the middle of an incident or exposed to ongoing conflict.
Colorado is a mandatory arrest state for domestic violence. Under C.R.S. § 18-6-803.6, once a peace officer determines there is probable cause to believe a crime involving domestic violence has been committed, the officer shall, without undue delay, arrest the suspected person. The wishes of the alleged victim do not control the arrest decision or the prosecutor’s later filing decision. Once the state files, only the prosecutor can decide whether to dismiss or reduce the charges.
No. At the first appearance, the court enters a mandatory protection order under C.R.S. § 18-1-1001. The order generally prohibits all contact, direct or indirect, with the protected person. Unless the court modifies the protection order to allow certain contact, do not attempt to make contact with the victim, or even third-party contact with the victim. (Third-party contact includes contacting someone to make contact the alleged victim.) Even contact that feels mutual, or that is initiated by the alleged victim, can result in a new criminal charge for violation of a protection order under C.R.S. § 18-6-803.5. Do not text, call, email, message through social media, return home without permission, or send messages through third parties. Many DV clients get into serious additional trouble after the first court date. Speak to a lawyer first.
Yes. Under the federal Lautenberg Amendment, 18 U.S.C. § 922(g)(9), a misdemeanor crime of domestic violence conviction permanently prohibits possession of firearms and ammunition. Colorado law under C.R.S. § 18-6-801(8) requires relinquishment of firearms and ammunition when a defendant is convicted of an offense involving an act of domestic violence. This applies to misdemeanor DV convictions and is particularly severe for service members at Fort Carson, Peterson Space Force Base, or Schriever Space Force Base, and for law enforcement officers whose careers depend on being able to carry a firearm.
Three. Under the habitual domestic violence offender statute, C.R.S. § 18-6-801(7), a misdemeanor offense with a DV designation can be charged as a class 5 felony if the defendant has three or more prior DV-related convictions arising from separately brought and tried cases. “Conviction” for habitual purposes includes federal, state, and municipal convictions for a felony, misdemeanor, or municipal ordinance violation. Older, minor municipal cases can count if they were designated as involving an act of domestic violence. (Colorado Springs Municipal Court does not handle DV cases today.) The class 5 felony carries a presumptive sentence of one to three years in DOC, two years of mandatory parole, and fines up to $100,000.
The elements of the assault charge under C.R.S. § 18-3-202 (first degree), § 18-3-203 (second degree), or § 18-3-204 (third degree) are the same. The difference is the domestic violence designation added when the alleged victim is a current or former intimate partner. That designation triggers mandatory arrest, a mandatory protection order, mandatory DV treatment evaluation and classes/education, mandatory firearm relinquishment, and exposure to the habitual domestic violence offender enhancement for future cases.
Yes, it is possible. First-time DV cases can be dismissed outright, reduced, or resolved through a deferred judgment or other structured resolution in appropriate circumstances. Outcomes depend on the strength of the evidence, witness credibility, the presence or absence of injuries, prior history, whether the prosecution can prove the intimate relationship element, and whether the state can meet its burden on the underlying offense. An early defense review often expands the options available.
Most misdemeanor DV cases in El Paso County resolve within three to six months. Complex felony DV cases can take a year or longer. Colorado’s DV fast-track process moves these cases more quickly than many other misdemeanor cases because the courts treat DV allegations as higher priority.
Yes. Under C.R.S. § 18-6-801(1), anyone convicted of a crime involving an act of domestic violence must complete a treatment evaluation and a treatment program that conforms to the standards adopted by the Domestic Violence Offender Management Board (DVOMB). Treatment is typically provided by certified providers and, in Colorado, is generally a minimum of multiple months. Failure to comply can result in probation revocation and additional jail time.
It depends on the outcome and the charge. Cases that are dismissed, resolved through diversion, or resolved through a successfully completed deferred judgment that ends in dismissal are often eligible for sealing. Convictions are much more limited. That is one reason the outcome of the underlying case matters so much, and one reason aiming for a non-conviction disposition is usually the defense priority.
Do not try to talk your way out of it with police, and do not try to confront or reason with the accuser. Exercise your right to remain silent. Preserve text messages, voicemails, emails, photographs, social media posts, and any other evidence that shows timing, motive, or prior inconsistent statements. Identify potential witnesses while their memory is fresh. Contact a domestic violence defense attorney immediately. False accusations happen in the middle of divorces, custody fights, and contested breakups, and an early, documented defense is the strongest defense.
