Domestic Violence Lawyer

Domestic Violence Lawyer

A Domestic Violence Charge Can Change Your Life

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. The potential personal consequences are staggering, and can include damaged relationships and loss of reputation to restricted access to your home and loved ones. Employment opportunities might dwindle, and social circles can disintegrate, leaving you isolated and stigmatized.

Moreover, facing a domestic violence charge in Colorado Springs can be a life-altering experience. It creates profound challenges that extend far beyond the courtroom.

Preparing and presenting a compelling defense can make all the difference. Navigating the complex legal landscape of domestic violence charges demands a skilled and compassionate attorney. 

At the McDowell Law Firm, we specialize in providing strategic legal defense tailored to your unique situation. Our experienced team comprehensively investigates the circumstances surrounding your case, considering every detail. We work tirelessly to protect your rights, aiming for reduced charges, acquittals, or alternative sentencing options.

Domestic violence charges encompass several serious offenses, including verbal abuse, physical violence, and harassment within former or current intimate relations. Our experienced Colorado Springs Domestic Violence Lawyers recognize the emotional toll that domestic violence charges can take. Combining empathy with unwavering determination, we fight vigorously to safeguard your future. 

Assault And Violation Of Protection Order

Assault refers to the deliberate act of causing hesitation of harmful or offensive contact, which can encompass various degrees of severity. In the context of domestic violence, it typically involves physical harm or the threat of physical harm against a current or former intimate partner or spouse. Violation of a Protection Order occurs when someone disobeys the terms specified in a court-issued protection order, which is meant to safeguard a victim from further harm or contact.

 

Individuals charged with Assault and Violation of Protection Order at Colorado Springs often face profound legal, emotional, and social challenges. The allegations can expedite the legal proceedings in court, going through a “Fast track” type program. Legal consequences can be severe, including hefty fines, restraining orders, mandatory counseling, and potential incarceration. Moreover, these charges can lead to damaged relationships, loss of employment opportunities, and a tarnished reputation.

 

If you find yourself facing these charges, it is essential to consult with an experienced attorney promptly. They can provide guidance tailored to your specific situation, helping you make informed decisions and work toward the best possible outcome. Remember, you have the right to defends yourself against D.V. allegations, and skilled legal assistance can make a significant difference in your case.

 

At the McDowell Law Firm, we recognize the gravity of these situations. We are committed to providing personalized and aggressive legal representation to protect your rights and advocate for the best possible outcome. Our skilled attorneys are well-informed in terms of Colorado’s laws about domestic violence. They will listen to you carefully to your recollection of events, meticulously analyze your case, strategize a strong defense, and stand by your side throughout the legal process.

Domestic Violence Laws

Colorado Springs Attorneys Defending Against Domestic Violence charges

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 in 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 us today for a free consultation.

 

Your future is at stake, and you deserve a strong, efficient defense team by your side. Act promptly to safeguard your freedom and secure your future.

Colorado Mandatory Arrest Laws For Domestic Violence

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 in 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.

The Elements of a Domestic Violence Offense

Domestic violence is not a standalone charge. Rather it acts as an enhancement to other offenses. Offenses that can be subject to a domestic violence enhancement encompass a range of acts, including:

Stalking

At our 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.

Assault

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.

Menacing

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

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

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.

Restraining Order Violations

Violating a restraining order can lead to serious consequences. Our proficient and best domestic violence lawyers have 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.

Penalties for Domestic Violence in Colorado Springs

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:

Employment Loss

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.

Losing Child Custody

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.

Fines and Court Costs

Domestic violence convictions often come with hefty fines, adding financial strain to an already challenging situation. Our network of the best Colorado Springs domestic violence lawyers 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.

Damage Of Professional Or Personal Reputation

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. We diligently work to challenge the allegations, utilizing our expertise to defend your character and mitigate the impact on your personal and professional life.

Attending Domestic Violence Treatment Programs Compulsorily

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. 

Our Approaches to Defending Domestic Violence Cases

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 skilled 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:

Strategic Legal Counsel

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:

  • You did not engage in any domestic violence activity.
  • You are wrongly accused of the crime.
  • The injury occurred accidentally, not as a deliberate attack.
  • You acted in self-defense to protect yourself from physical harm.
  • The purported victim is trying to manipulate divorce or custody proceedings.

Thorough Investigation

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.

Lautenberg Amendment

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.

Expert Witness Testimonies

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.

Negotiation and Plea Bargaining

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.

Protecting Your Rights

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.

Compassionate Support

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. 

Domestic Violence Case Results 

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.

Case 1: Charges Dismissed

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.

Case 2: Reduced Charges

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.

Case 3: Acquittal After Trial

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.

 Frequently Asked Questions 

1. What Should You Do if You Are Involved in a Domestic Violence Matter?

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.

2. Have You Handled A Domestic Violence Case Before?

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.

3. What Can a Domestic Violence Lawyer in Colorado Springs Do to Help You?

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 violence lawyers will guide you through this tough time with compassion. With a dedicated Domestic Violence Lawyer in Colorado Springs by your side, you can rest assured that your case is in capable hands.

4. How do domestic violence cases work in Colorado?

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 Violence Lawyer 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.