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Legal concept

Domestic Violence

C.R.S. § 18-6-800.3Wikidata

An act or threatened act of violence against a person with whom the actor has been involved in an intimate relationship in Colorado.

What Right Law Group attorneys say

Why are you being charged with a domestic violence case? If your significant other doesn't want it to happen? The tough answer is because it's no longer their decision.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
So basically what happens is when a domestic violence incident is reported, or an alleged domestic violence incident is reported, the moment that report comes in, the situation is officially out of the hands of the named victim, or the person making the report. So let's say for example, if we have a husband and wife situation, and the husband calls the cops on the wife and says, this is happening, she threw a cup of my head, I need you all to come over here and break this up. The husband's not intending to have anything happen other than separation, he's not trying to get her in trouble.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
So unfortunately, what we see happening is people will call and ask for, like, basically a separation, if often that happens when people are drinking and people get into fights. We've all we've all been in relationships that aren't the best and you get into arguments. But what will happen is a lot of the times we see the cops being called to break up an argument, and then it results in someone getting charged when the spouse did not want their spouse to go to jail didn't want them to be charged.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
That's why it's crucially important that you hire a criminal defense attorney specialized in working on domestic violence cases to help walk you through this process and make sure that you get through this successfully.
Alexis Austin Litle · Why Am I Being Charged With DV If The Named Victim Wants The Case Dropped? // Right Law GroupWatch clip ↗
The actual definition of what domestic violence is is someone exercising power and control over another person in an intimate relationship setting. An intimate relationship doesn't even mean that you're having sex.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Domestic Violence ChargesWatch clip ↗
The actual definition of what domestic violence is is someone exercising power and control over another person in an intimate relationship setting.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Domestic Violence ChargesWatch clip ↗
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Frequently asked questions

Can a criminal defense attorney help advocate for me in my case?

Right Law Group's guide explains: "Get the help of an experienced trial attorney on your side. As experienced Highlands Ranch criminal defense lawyer s and DUI attorneys, our Right Law Group team will help advocate on your behalf and get you the best possible outcome for your criminal case."

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Can breaking an object during a domestic dispute be treated as an act of control over my partner?

Alexis explains: "Sometimes people will intrude domestic violence incidents, they will break things as an act of control over the other person. So one of the most common things that we see is, If a couple is arguing, one spouse will grab something that someone bought for them. So let's say it's some kind of knickknacks and they say, you bought this for me and it doesn't mean anything anymore, and then they'll break it that's doing that act is them trying to control the situation and trying to hurt the other person emotionally."

Answered by Alexis Austin Litle · Watch clip
Colorado Domestic Violence: What Happens After a “DV Charge” in CO?

Right Law Group's guide explains: "Colorado Domestic Violence is a serious charge. If you are in danger or have been falsely accused, it is important to seek legal help immediately."

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Could my domestic violence charges hurt my relationship with my kids?

Right Law Group's guide explains: "Are you in a tough spot right now, facing domestic violence charges that could potentially harm your relationship with your kids?"

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Do I really need a criminal defense attorney to handle my domestic violence case?

Alexis explains: "That's why it's crucially important that you hire a criminal defense attorney specialized in working on domestic violence cases to help walk you through this process and make sure that you get through this successfully."

Answered by Alexis Austin Litle · Watch clip
Do you defend DUI, felony, and misdemeanor cases, and surrounding Colorado counties?

Right Law Group's guide explains: "We serve clients across Adams, Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Teller, and Pueblo Counties. Whether you or a loved one have been arrested for DUI or have been charged with a felony or misdemeanor, there is still hope."

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Does a victim recanting mean my domestic violence charge or conviction will be dismissed?

Alexis explains: "if you're thinking hey if the victim can't will it get dismissed the answer is no again it's very important to contact a criminal defense attorney to talk about the specific nuances in your case and the fact pattern that you are experiencing but the short answer is no victims recanting does not equal a dismissed dv conviction or dismissed db charge"

Answered by Alexis Austin Litle · Watch clip
How can a domestic violence case get dismissed, and does a victim recanting do it automatically?

Alexis explains: "there are ways that cases can be dismissed in colorado springs for example there is a process called a ppir which is a pre-plea investigative report where you can actually talk to a counselor and see what the underlying situation entailed in a given case to see if it actually was an act of domestic violence but just the idea of a victim recanting a statement does not result in an automatic dismissal in fact i have never seen a victim recanting a case and then the d.a dismissed ultimately what happens is the district attorney has to do their own investigation to determine what happened"

Answered by Alexis Austin Litle · Watch clip
How does Colorado actually define domestic violence and what counts as an intimate relationship?

Alexis explains: "The actual definition of what domestic violence is is someone exercising power and control over another person in an intimate relationship setting. An intimate relationship doesn't even mean that you're having sex."

Answered by Alexis Austin Litle · Watch clip
How is domestic violence defined under Colorado law?

Zoe explains: "So in Colorado, domestic violence is defined as an act or threaten act of violence upon a person whom the actor is or has been involved in an intimate relationship with where the act of violence is used to gain or maintain power and control over the other person."

Answered by Zoe Levesque · Watch clip
I was charged with assault. Could prosecutors pursue this as a misdemeanor or a felony under Colorado law?

Right Law Group's guide explains: "Being charged with assault in Littleton can carry serious criminal consequences. Depending on the facts of the case, prosecutors may pursue misdemeanor or felony assault charges under Colorado law."

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If I called the police on my spouse but did not want them charged, is it still out of my hands?

Alexis explains: "So basically what happens is when a domestic violence incident is reported, or an alleged domestic violence incident is reported, the moment that report comes in, the situation is officially out of the hands of the named victim, or the person making the report. So let's say for example, if we have a husband and wife situation, and the husband calls the cops on the wife and says, this is happening, she threw a cup of my head, I need you all to come over here and break this up. The husband's not intending to have anything happen other than separation, he's not trying to get her in trouble."

Answered by Alexis Austin Litle · Watch clip
Is it common for real domestic violence victims to be wrongly charged as the perpetrator?

Alexis explains: "a lot of victims of domestic violence are actually improperly charged, and they're charged as the perpetrator."

Answered by Alexis Austin Litle · Watch clip
Once police and the DA get involved in a domestic violence case, is it still in the victim's hands?

Alexis explains: "the issue is when domestic violence is alleged in any kind of case and law enforcement in the district attorney's office becomes involved the driving force behind the case moves from the reporting witness or the alleged victim onto the state in other words if you have someone who calls the police after an argument and they say that there's some situation that may involve domestic violence and the police begin to investigate at that point it's actually out of the victims hands"

Answered by Alexis Austin Litle · Watch clip
So can you get in trouble for breaking your own things?

Alexis explains: "So can you get in trouble for breaking your own things? In other words, can you be charged for domestic violence? criminal mischief offense if you're breaking your own things? Unfortunately, in the state of Colorado, the answer is yes."

Answered by Alexis Austin Litle · Watch clip
The police were called during an argument and now my spouse is charged even though they never wanted that. How does this happen?

Alexis explains: "So unfortunately, what we see happening is people will call and ask for, like, basically a separation, if often that happens when people are drinking and people get into fights. We've all we've all been in relationships that aren't the best and you get into arguments. But what will happen is a lot of the times we see the cops being called to break up an argument, and then it results in someone getting charged when the spouse did not want their spouse to go to jail didn't want them to be charged."

Answered by Alexis Austin Litle · Watch clip
What did Right Law Group discuss in the KRDO Business Connections interview?

Right Law Group's guide explains: "KRDO Business Connections Interview Transcript 1-26-20 Welcome to KRDO’s business connection featuring KRDO’s advertisers and partners the best of Colorado Springs businesses."

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What if I was the actual victim but got charged as the perpetrator in my domestic violence case?

Alexis explains: "I take on people who, if they've been a victim of domestic violence, a lot of victims of domestic violence are actually improperly charged, and they're charged as the perpetrator. But what happens is the criminal justice system isn't set up to thoroughly dig into these cases and see what's going on."

Answered by Alexis Austin Litle · Watch clip
What if the alleged victim made up the story and blamed me for an injury I didn't cause?

Alexis explains: "there's also situations where the named victim may be making up a story so there have been cases that i've worked on specifically where someone gets injured in some way that is not related to any kind of domestic argument whatsoever but then later on someone calls the cops and said oh i got this injury from them i've seen situations where someone was involved in a skiing accident and then later on that day they got into an argument with their significant other and then reported that their injuries that they had from previously in the day were caused by their partner which was blatantly untrue"

Answered by Alexis Austin Litle · Watch clip
What is a general denial defense, and is it common in domestic violence cases?

Alexis explains: "the first and easiest one is general denial so if someone is saying hey this thing happened and the other person is saying no it didn't what you would typically think of as a he said she said situation our approach is general denial now it really supports our case if we have additional information or additional evidence to support our general denial and we'll go into kind of what types of evidence are useful in domestic violence cases in a moment but general denial is the most common"

Answered by Alexis Austin Litle · Watch clip
What is the most problematic thing I can do after a domestic violence arrest in Colorado?

Alexis explains: "One of the most problematic things you can do after a domestic violence arrest in Colorado isn't staying silent. It's trying to be reasonable and attempting to talk your way out of situation."

Answered by Alexis Austin Litle · Watch clip
What is the VRA, and what rights does an alleged victim have in my domestic violence case?

Alexis explains: "the vra stands for victims rights act it's a colorado constitutional amendment that says victims have rights in domestic violence cases just as much as defendants have rights victims have protected rights too now it's not the same type of rights and i want to go through what those rights are but in essence what it means is if someone is an alleged victim in a case they have the right to be heard they have the right to know what's happening in the case and they have the right to be kept informed throughout the progress of the case"

Answered by Alexis Austin Litle · Watch clip
What kind of relationship makes a case count as domestic violence in Colorado?

Alexis explains: "what makes it a domestic violence case is if it is between two people who are in intimate relationship and intimate does not necessarily mean sexual it can be um anything from being a boyfriend girlfriend so we've seen domestic violence cases with kiddos in school um as young as like 10 years old it can be any type of situation where there was a previous intimate relationship or previous sexual relationship like between ex-spouses all the way up to people who are currently in a relationship"

Answered by Alexis Austin Litle · Watch clip
What law covers disorderly conduct, and what penalties could I face even as a petty offense?

Right Law Group's guide explains: "Disorderly conduct charges in Denver are governed by Colorado Revised Statutes §18-9-106 . Although the offense is typically classified as a petty offense , a conviction can still result in fines, possible jail time, and a permanent criminal record."

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Each answer links directly to the source where a Right Law Group attorney addressed this question.

24 answers grounded in Right Law Group sources

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What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

Jacob D. Gannon Becker★★★★★Google verified
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The situation

a DUI case

What changed

knows the law and helps represent you to the best of their ability

The result

helped me get a DUI case dismissed in El Paso county

Jason M. Zoe Levesque★★★★★Google verified
Read the full review ›
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