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Colorado Springs Domestic Violence Attorney

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Domestic Violence Is Very Serious. If You Have Children, The Repercussions Are Even Worse.

Do you need a Colorado Springs Domestic Violence Attorney? The fact is, if you have been charged with domestic violence, you are facing a serious charge with lasting repercussions.

We have been on both sides of this issue and are extremely knowledgeable about the intensity of this criminal act. Our experience can guide you in proceeding legally with a solid defense of your rights. If you’ve been involved in any kind of domestic violence, discuss it with us immediately.

Top-Rated Colorado Criminal Defense Lawyer

COLORADO SPRINGS DOMESTIC VIOLENCE ATTORNEY WILL DEFEND YOUR RIGHTS

If you have recently been involved in a domestic abuse incident, you may feel shaken, afraid, and uncertain about the best step to take next. Whether you are a victim of abuse or the alleged abuser, you should seek legal guidance right away. A Colorado Springs Domestic Violence Lawyer will serve as your legal advocate and provide the trusted guidance you need to move safely forward with your life.

Who can domestic violence lawyers help?

When many people hear the word “domestic violence lawyer”, they envision a person who defends a person accused of hurting a spouse or partner. But domestic violence attorneys play a much greater role in our community. Here is a look at the key types of people domestic violence attorneys can help:

  • Victims: A Colorado Springs Domestic Violence Attorney can help any woman, man, or child who has been the victim of domestic abuse.
  • Alleged Abusers: An attorney can provide legal representation to a man or woman who is accused of hurting a spouse or family member.
  • Children: Domestic violence lawyers can keep children safe by helping the non-abusive parent secure custody.
  • Loved Ones: Lawyers often receive general questions from people who worry that a loved one might be a victim of domestic violence.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

What can a domestic violence lawyer do to help you?

A great lawyer will consider your history and examine police reports to determine the best way to fight for your interests. Below are five key things a Colorado Springs domestic violence lawyer can do to help you:

1) Serve as your legal advocate

Dealing with a spouse/significant other who abused you or accused you of being abusive can be extremely traumatic. Even talking over the phone or exchanging messages can be stressful. When you hire a domestic violence lawyer, you do not have to communicate directly with an abuser or accuser. Your attorney will be your trusted advocate in court and deal with your abuser or accuser for you throughout your case.

2) Secure a restraining order

Also known as a protective order, a restraining order will help prevent future abuse to victims. A good domestic violence attorney can provide guidance and seek a restraining order on your behalf. In Colorado, there are several types of restraining orders, including the following:

  • A Temporary Restraining Order (TRO): A TRO can often be issued the same day it is requested and will last up to 14 days. Concrete evidence of abuse is not required. A TRO is the first step in securing a Permanent Restraining Order (PRO).
  • A Permanent Restraining Order (PRO): A hearing for a PRO is usually scheduled when the judge issues a TRO. The PRO can be enforced in any location and the issuing judge will determine how long a PRO is valid.
  • An Emergency Protective Order (EPO): Police officers often issue this type of order when an alleged victim is in immediate danger of domestic abuse. EPOs usually last three days, but an attorney can help secure a TRO before an EPO expires.

3) File a lawsuit for domestic violence

If you have been injured or endured pain and suffering as a result of your abuse, a domestic violence lawyer can file a domestic violence lawsuit on your behalf. Filing a lawsuit can help you recover financial losses related to medical expenses and court costs.

4) Help you secure custody of your children

When there is an abusive person in your life, your children may also be in danger. A seasoned lawyer can help you gain custody of your children and also help secure child support. And if you are accused of abuse you did not commit, a lawyer will fight on your behalf to protect your parental rights.

5) Negotiate to have charges dropped

Some victims of abuse decide they no longer wish to press charges against their alleged abuser. Other times people get into arguments and things get blown way out of proportion and you no longer want law enforcement involved in your relationship. If this is the case, a domestic violence lawyer can make sure that any pertinent abuse charges are dropped.

What should you do if you are involved in a domestic violence matter?

Domestic violence incidents are dangerous and can even be deadly if they are not stopped. If you are reading this and feel that you are in immediate danger, call 911 right away. Otherwise, the first thing to do is to seek medical attention for any injuries you may have sustained as a result of the domestic violence incident. If your injury is severe, call 911 for emergency medical services.

If you are being accused of domestic violence, but you have injuries, you need to seek medical attention as well. Sometimes people try to use the legal system to turn the tables on the true victim and you may feel as though you can’t get help if you are the one being accused. That is not true. If you seek medical attention it can only help you.

Once you have treated any injuries, the very next step to take is to call a Colorado Springs domestic violence attorney. Regardless of whether you are a victim or someone accused of abuse, a great domestic violence lawyer will fight for your rights and provide important legal guidance that will help keep you and your children out of harm’s way. Reach out today to boost your chances of a successful outcome with your case.

If you are accused of domestic violence against a significant other or someone you are close to, you will need skillful legal counsel to help. Alexis Austin is an experienced Colorado Springs domestic violence attorney who has represented many clients throughout Colorado, and she can use her knowledge to help you.

Many types of domestic assault situations can lead to charges, including:

  • Calling or texting an intimate partner repeatedly
  • Taking a significant other’s phone
  • Distributing compromising pictures of a partner against his or her wishes
  • Becoming physical, including slapping or shoving a significant other
  • Threatening an individual or someone close to an individual with whom you have had an intimate relationship
  • Stalking a spouse, boyfriend or girlfriend, or an ex
  • Damaging property of a significant other, even if the property is also yours
  • Threatening to hurt yourself in some cases

Prompt and professional, we will prepare a defense to protect your record and your reputation. We will use a range of resources and investigative skills to secure the best possible outcome for every client. Each situation is unique, but in every case it is vitally important that you retain a domestic violence lawyer on your side immediately. Just a charge of domestic assault can have far-reaching effects in your life.

HAVE YOU EXPERIENCED DOMESTIC VIOLENCE?

If you are involved in an act of domestic violence, first, please get to a place where you feel safe. Your well-being is our top concern. Then, contact us. You need a compassionate, strong Colorado Springs domestic violence attorney to help you feel confident and ensure that your attacker is prosecuted. We are deeply knowledgeable about protecting the rights of domestic violence victims. Our experience assisting the domestic violence group TESSA in Colorado Springs is a source of pride. Aggressive in defense, we can help you proceed with solid legal action from start to finish. You have the right to feel secure and peaceful. We will defend your rights and can work to establish a civil protection order so you can move forward.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

When should I call a domestic violence attorney?

Whether you are a victim or are accused of domestic violence, you should contact a Colorado Springs Domestic Violence as soon as possible. After authorities have become involved, make sure you are in a safe place and get in contact with an attorney right away to ensure you have someone in your corner to protect your rights and freedoms.

Do I need a lawyer for a domestic violence case?

Regardless of which side you are on, domestic violence charges are very serious. Once the authorities have gotten involved, it is in the hands of the state as to whether or not they will follow through with prosecution. You should speak with a Colorado Springs Domestic Violence Attorney as soon as possible to make sure your rights and freedoms are being looked out for.

Can a domestic violence charge be dropped?

Once someone has been charged with domestic violence in the state of Colorado, the charges cannot be dropped. This is because the state has already become involved, and therefore it is not within the power of the victim to “drop” the charges. The state will choose whether or not to prosecute the case, so it is in the best interest of the accused to speak with a Colorado Springs Domestic Violence Attorney as soon as possible.

What happens when you get a domestic violence charge?

When there is a domestic violence call, most often at least one party will be arrested. If you have been arrested for domestic violence, under Colorado law you will spend at least one night in jail. It is imperative that you remain calm and respectful, and that you exercise your right to remain silent until your domestic violence attorney is present.

How serious is a domestic violence charge?

A domestic violence charge is always a serious situation. The state of Colorado does not take this lightly and will likely choose to prosecute to the fullest extent of the law. Domestic violence is considered an enhancement, so the exact seriousness of the charge fully depends on the underlying crime (for example, assault with a domestic violence enhancement will bear a different weight than stalking with a domestic violence enhancement).

How do you fight a domestic violence charge?

If you decide that you want to fight a domestic violence charge in a trial, you will need to first understand which strategies will best help your chances. A domestic violence attorney will be able to help you determine which strategies are best suited for your particular case. Some ways of fighting a domestic violence charge include:

  • Character Highlights: A domestic violence attorney will often put together information highlighting the good character of their client, in order to prove that they would not have committed this crime.
  • New Evidence: Another possible tactic is to provide new evidence to challenge the case that the state has put together.
  • Present Witnesses: If anyone saw or overheard the incident in question, an attorney may decide to have them speak as a witness on your behalf.
  • Self-Defense Theory: If you were acting in self-defense, your attorney may decide to use this as a defense, as opposed to only arguing that the state did not prove their case.

How long does a domestic violence charge stay on your record?

If domestic violence charges are dropped, the defendant has the opportunity to seal their record in order for those charges to no longer show. If someone has been convicted however, those charges will remain on their record and they will not be able to seal them.

How are domestic violence cases handled?

Colorado law requires that an officer make an arrest whenever there is probable cause that a domestic violence crime has been committed. Once the arrest has been made, the charges cannot be “dropped” by the accusing party. Domestic violence cases are then handled by the state as a criminal case. For this reason, it is crucial to have a domestic violence attorney to help represent you and your interests.

Experienced Domestic Violence Attorney

Best Colorado Springs Domestic Violence Attorney To Help You

We offer a consultation to review your specific situation and determine next steps with help from our criminal law attorneys. Contact us today for a FREE consultation.