Colorado Springs Domestic Violence Attorney
Legal Defense for DV Charges
On This Page
- Charged With Domestic Violence in Colorado Springs?
- What Counts as Domestic Violence in Colorado
- Mandatory Arrest and What Happens Next
- The Mandatory Protection Order
- Common Charges and Their Penalties
- What a Domestic Violence Designation Adds
- Firearms and Domestic Violence
- How the Case Moves Through Court
- Building a Defense
- Working With a Colorado Springs Domestic Violence Lawyer
- Frequently Asked Questions
- Sources
Charged With Domestic Violence in Colorado Springs?
A domestic violence arrest changes your life within hours. You may be held until you see a judge, ordered out of your own home, and barred from contacting your spouse, partner, or the other parent of your children. Those orders take effect before anyone has proven anything.
Colorado handles domestic violence differently from most other charges. Arrest is mandatory once an officer finds probable cause, a protection order is automatic, and a conviction carries required treatment and firearm restrictions. Many people are surprised to learn that the alleged victim cannot simply drop the case.
This page explains how Colorado defines domestic violence, what happens after an arrest in El Paso County, the penalties for the charges most often filed, and how these cases are defended. If you are under a protection order right now, follow it to the letter while you get advice. A violation is a new crime.
What Counts as Domestic Violence in Colorado
Domestic violence is not a single crime in Colorado. It is a designation added to another charge, such as assault, harassment, or criminal mischief, when that charge involves an intimate relationship. The definition is in C.R.S. 18-6-800.3.
Under that statute, domestic violence means an act or threatened act of violence against a person with whom the accused is or has been in an intimate relationship. It also covers any other crime against a person or property, including an animal, when used as a way to coerce, control, punish, intimidate, or take revenge on an intimate partner.
Who Counts as an Intimate Partner
The statute defines an intimate relationship as one between:
- Spouses or former spouses
- Past or present unmarried couples, including dating partners
- People who are both parents of the same child, whether or not they ever married or lived together
Roommates, siblings, and parents and adult children are not intimate partners under this definition. Charges between them can still be filed, but the domestic violence designation and its added consequences do not apply. The definition does not depend on gender, so same-sex couples are covered the same way.
Property Crimes Can Be Domestic Violence Too
Breaking a partner's phone, damaging a car, or harming a pet can all carry the domestic violence label if the prosecution claims the act was meant to control or punish. Charges like criminal mischief or obstruction of telephone service are often filed this way. No physical injury is required.
Mandatory Arrest and What Happens Next
Under C.R.S. 18-6-803.6, when an officer finds probable cause that a domestic violence crime was committed, the officer must arrest the suspected person. The officer does not have discretion to simply separate the parties, and the wishes of the person who called police do not control the decision.
When both people have injuries or both make accusations, officers are expected to identify the primary aggressor rather than arresting everyone. In practice, the person arrested is often whoever officers find more agitated, or whoever did not call 911 first.
After a domestic violence arrest in El Paso County, you are often held until you see a judge, who sets bond. Bond conditions commonly include no contact with the alleged victim, staying away from the shared home, and no alcohol or firearms. Leaving jail does not end those restrictions. They stay in place until the court changes them or the case ends.
What Not to Do After an Arrest
- Do not contact the alleged victim. That includes texts, social media, and messages passed through friends or family, even if the other person reaches out first.
- Do not return to the home if a protection order bars you from it. Arrange to retrieve belongings through a civil standby with police.
- Do not post about the case. Social media and messages are routinely used as evidence.
- Do not give a statement to police without talking to a lawyer first.
The Mandatory Protection Order
At the first court appearance, the judge issues a mandatory protection order under C.R.S. 18-1-1001. It restrains you from harassing, molesting, intimidating, retaliating against, or tampering with any witness or victim. In domestic violence cases, the court usually adds no contact and stay-away terms, and it orders you to give up any firearms for as long as the order lasts.
The order stays in place until the case is finished. It can be modified, and many alleged victims ask the court to allow contact so the family can function. That request goes through the court, often with input from the prosecutor and the victim advocate. Until a judge signs a modified order, the original terms apply.
Violating a Protection Order Is a Separate Crime
Under C.R.S. 18-6-803.5, violating a protection order is a class 2 misdemeanor in general. It becomes a class 1 misdemeanor when the order was a mandatory criminal protection order, when the parties were in an intimate relationship, when stalking was involved, or when the person has a prior violation conviction. Most domestic violence cases meet at least one of those conditions.
A violation charge is easy for prosecutors to prove, and it can make the original case harder to resolve. Our page on protection order defense covers these charges in detail, and common no-contact order questions covers everyday situations like shared children and shared property.
Common Charges and Their Penalties
Because domestic violence attaches to an underlying crime, the penalties come from that crime. These are the charges filed most often in El Paso County domestic violence cases.
| Charge | Statute | Classification |
|---|---|---|
| Third-degree assault (bodily injury) | 18-3-204 | Class 1 misdemeanor |
| Harassment (physical contact, following, threatening messages) | 18-9-111 | Misdemeanor; class depends on the conduct |
| Menacing | 18-3-206 | Class 1 misdemeanor; class 5 felony with a weapon or simulated weapon |
| Obstruction of telephone service | 18-9-306.5 | Class 1 misdemeanor |
| Violation of a protection order | 18-6-803.5 | Class 2 or class 1 misdemeanor |
| Second-degree assault, including strangulation | 18-3-203 | Felony |
A class 1 misdemeanor carries up to 364 days in jail and a fine of up to $1,000. A class 2 misdemeanor carries up to 120 days and $750. Felony charges, such as second-degree assault by strangulation, carry prison exposure and are handled in El Paso County District Court.
Third-degree assault is the most common domestic violence charge. Our assault defense page explains the degrees of assault, and our harassment page covers harassment charges, including those based on texts and calls.
Habitual Domestic Violence Offender
Under C.R.S. 18-6-801(7), any misdemeanor that includes an act of domestic violence becomes a class 5 felony if the person has three or more prior domestic violence convictions from separate incidents. Federal, state, and municipal convictions all count. This is why even a first domestic violence misdemeanor deserves careful attention: it can become the building block for a felony years later.
What a Domestic Violence Designation Adds
The domestic violence label carries consequences on top of the sentence for the underlying crime. These come from C.R.S. 18-6-801.
- Required evaluation and treatment. A person convicted of a crime involving domestic violence must complete an evaluation and a treatment program that meets standards set by the state Domestic Violence Offender Management Board. Treatment length is set by the evaluation and progress in the program.
- No dropping the label by plea. A court cannot accept a plea that removes the domestic violence designation when the facts show an intimate relationship, unless the prosecutor states on the record that the relationship could not be established even on a prima facie basis.
- No home detention with the victim. A person convicted of domestic violence cannot serve home detention in the alleged victim's home.
- Victim safety at sentencing. Before granting probation, the court must consider the safety of the victim and the victim's children.
Deferred judgments and deferred sentences remain available in domestic violence cases. A deferred judgment, completed successfully, ends with the guilty plea withdrawn and the case dismissed. That outcome can matter a great deal for firearm rights, immigration, and later record sealing.
How a Deferred Judgment Works
Under C.R.S. 18-1.3-102, a deferred judgment lets you plead guilty while the court holds off on entering a conviction. The deferral can last up to two years for a misdemeanor and up to four years for a felony. The prosecutor must agree to it.
During that time, you follow conditions much like probation, which in a domestic violence case almost always include treatment. If you complete every condition, the guilty plea is withdrawn and the charge is dismissed with prejudice. If you do not, the court can enter the conviction and sentence you on the original plea.
A completed deferred judgment is not a conviction under Colorado law, and the dismissed case can usually be sealed. How it is treated under federal firearm and immigration law is a separate question that should be reviewed before you agree to one.
What Domestic Violence Treatment Involves
Treatment starts with an evaluation by a provider approved by the Domestic Violence Offender Management Board. The evaluator reviews the police report, your history, and other risk factors, and recommends a level of treatment. Most programs combine group sessions with individual work, and the length is set by your progress rather than a fixed number of weeks.
Treatment is usually a condition of probation or of a deferred judgment. Missing sessions or failing to make progress can lead to a revocation hearing, so it is worth understanding the commitment before agreeing to any resolution.
Your Record
Domestic violence convictions face extra limits under Colorado's record sealing law, C.R.S. 24-72-706. A dismissed case or an acquittal can generally be sealed. Sealing a conviction is possible only in narrow circumstances. Our record sealing page explains the current rules.
Consequences Outside of Court
A domestic violence conviction can follow you well beyond the sentence:
- Immigration. Under federal immigration law, a conviction for a crime of domestic violence is a ground of deportability for noncitizens, including lawful permanent residents. Anyone who is not a U.S. citizen should get immigration advice before entering any plea.
- Employment. Domestic violence convictions appear on background checks, and jobs in schools, healthcare, childcare, and law enforcement can be affected.
- Security clearances. Clearance holders in the Colorado Springs defense and aerospace community often have reporting obligations after an arrest.
- Housing. Landlords commonly screen for violent offenses, and a protection order can affect a shared lease.
Firearms and Domestic Violence
Gun restrictions start at the first court appearance and can last for life. While the case is open, the mandatory protection order bars you from possessing or buying firearms or ammunition.
After a conviction for a crime involving domestic violence, C.R.S. 18-6-801(8) requires you to give up any firearms and ammunition within 24 hours of sentencing, not counting weekends and legal holidays. The court then holds a compliance hearing to confirm it was done. Relinquishment can be made to a licensed dealer, to law enforcement, or to a qualifying private party.
Federal law adds a separate and usually permanent ban. Under 18 U.S.C. 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence may not possess firearms or ammunition. For hunters, gun owners, and anyone whose job requires carrying a weapon, this is often the most serious consequence of all. Our article on domestic violence gun laws in Colorado Springs covers this in more depth.
Military Members
Colorado Springs is home to Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy. The federal firearm ban applies to service members convicted of a qualifying domestic violence misdemeanor, and that can end a military career that depends on carrying a weapon. Command can also act on the underlying conduct. Service members should get advice about the civilian case early, before any plea is entered.
How the Case Moves Through Court
Misdemeanor domestic violence cases in El Paso County are filed in El Paso County Court at the El Paso County Judicial Building, 270 S. Tejon Street. Felony cases are filed in El Paso County District Court in the same building. Cases from Woodland Park and the rest of Teller County are heard at the Teller County Combined Court in Cripple Creek.
We also handle domestic violence cases in Pueblo County and Fremont County. The steps below are typical, though the timing varies from case to case.
- Advisement and bond. The court advises you of the charges, sets bond, and issues the mandatory protection order.
- Discovery. The prosecution produces police reports, 911 recordings, body camera video, photographs, and any written or recorded statements.
- Victim contact. A victim advocate from the District Attorney's office contacts the alleged victim, who has the right to be informed and heard at key stages under Colorado's Victim Rights Act.
- Pretrial negotiation. Your lawyer and the prosecutor discuss the evidence. Outcomes range from dismissal to a deferred judgment to a plea to a lesser charge.
- Motions and trial. If the case is not resolved, it goes to a jury trial, where the prosecution must prove each element beyond a reasonable doubt.
Can the Alleged Victim Drop the Charges?
No. In Colorado, the prosecutor decides whether a domestic violence case goes forward. The alleged victim's wishes matter and are heard, but a request to drop the charges does not end the case. Prosecutors sometimes proceed using 911 recordings, photographs, and officer testimony even when the alleged victim will not testify.
That said, the case can become harder to prove when the alleged victim's account changes or they decline to cooperate. Our articles on whether domestic violence charges can be dropped and what happens if the victim does not show up for court explain how this plays out.
Building a Defense
Domestic violence cases often come down to two people's accounts of a private moment. Physical evidence is frequently thin, and the initial police report is written quickly, often within an hour of the call. A careful defense examines every piece of that record. No lawyer can promise an outcome, but these are the issues most often in play.
False or Exaggerated Accusations
Allegations sometimes arise during a breakup, a divorce, or a custody dispute, when one person has a reason to gain leverage. Text messages, prior statements, and timing can show a motive to exaggerate or fabricate. These issues have to be developed with evidence, not just argued.
Self-Defense
Colorado law allows a person to use reasonable force to defend against what they reasonably believe is the imminent use of unlawful physical force. When both people were involved in a physical struggle, the question of who started it, and whether the response was proportionate, can decide the case.
Lack of Proof of the Intimate Relationship
The domestic violence designation requires an intimate relationship as the statute defines it. If the people involved were roommates, relatives, or casual acquaintances, the designation does not apply even if the underlying charge goes forward.
Statements Made to Police
People often talk to officers at the scene to explain their side, and those statements become part of the prosecution's case. Whether the statements were voluntary, whether Miranda warnings were required, and whether the officer's summary is accurate are all open questions. Body camera video often shows a different conversation than the one described in the report.
911 Calls and Text Messages
Prosecutors rely heavily on 911 recordings and messages. Defense review looks at the full context: what was said before and after, who wrote what, and whether messages were edited or selectively saved. Your own phone may hold messages that put the accusation in a very different light, so do not delete anything.
When the Alleged Victim's Account Changes
It is common for an alleged victim to say later that the police report overstated what happened. That can help the defense, but it has to be handled carefully. You should never contact a protected party about the case, and any change in their account should come to the prosecutor through proper channels, such as the victim advocate or the alleged victim's own lawyer.
Problems With the Evidence
Injuries may not match the description given to police. Witnesses may have seen only part of the event. Statements may have been taken without proper warnings. Each of these can weaken the prosecution's case or lead to suppression of evidence.
Working With a Colorado Springs Domestic Violence Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995. He represents people charged with domestic violence offenses in El Paso, Teller, Pueblo, and Fremont counties, from misdemeanor harassment to felony assault.
Early involvement matters in these cases. A lawyer can address bond conditions and protection order terms, preserve evidence such as messages and recordings before they disappear, and begin discussing the case with the prosecutor before positions harden. You also get a clear explanation of how each possible outcome affects your firearm rights, your record, and any related family court case.
Criminal Defense Colorado Springs, P.C. offers free consultations, and everything you share is confidential.
Frequently Asked Questions
Is domestic violence a felony in Colorado?
Most domestic violence cases are misdemeanors, because the label attaches to a misdemeanor such as third-degree assault or harassment. The case is a felony when the underlying charge is a felony, such as second-degree assault, or when the person has three or more prior domestic violence convictions.
Can I talk to my spouse after a domestic violence arrest?
Not if the protection order bars contact, and in most cases it does. Contact is a new crime even if your spouse agrees to it or initiates it. The order can be modified by the court, and that is the only safe way to resume contact.
Will I lose my guns if I am charged with domestic violence?
While the case is open, the protection order bars you from possessing firearms. A conviction for a domestic violence misdemeanor brings a federal firearm ban that is usually permanent, along with Colorado's relinquishment requirement.
How long does a domestic violence case take in El Paso County?
Misdemeanor cases often take several months to resolve, and felony cases usually take longer. The timeline depends on discovery, the court's calendar, and whether the case goes to trial.
Can a domestic violence charge be reduced?
The underlying charge can be reduced, and some cases are dismissed or resolved with a deferred judgment. Removing the domestic violence designation itself is restricted by law when the facts show an intimate relationship.
Will I go to jail for a first domestic violence offense?
Jail is possible for any misdemeanor, but it is not automatic for most first-time domestic violence cases. Many first offenses resolve with probation, treatment, or a deferred judgment. The facts, any injuries, and your history all shape the outcome.
What if we both want to reconcile?
Many couples do. The protection order still controls until a judge changes it. The alleged victim can ask the court to modify the order, and your lawyer can file a motion to allow contact. Reconciling without a court order risks a new charge and can hurt the pending case.
Do I need a lawyer if the alleged victim does not want to press charges?
Yes. The decision belongs to the prosecutor, and cases go forward without a cooperating witness more often than people expect. A lawyer can use the alleged victim's position appropriately, within the rules on contact with witnesses, to work toward a dismissal or a better resolution.
Can I be charged with domestic violence if no one was hurt?
Yes. Threats, harassment, damage to property, and obstructing a phone call can all carry the domestic violence designation when the prosecution claims they were used to control, punish, or intimidate an intimate partner. Physical injury is not required.
What should I bring to a consultation?
Bring your bond paperwork, the protection order, any summons or court notices, and a list of witnesses who saw or heard what happened. Save, but do not edit or delete, any text messages, emails, or call logs between you and the other person. If there is a family court case, bring those papers too.
Does a domestic violence charge affect child custody?
It can. Family courts in Colorado consider domestic violence when allocating parental responsibilities, and a protection order can limit contact with children named in it. Coordinating the criminal case with any family court case is important.
Sources
- C.R.S. 18-6-800.3, Domestic violence definitions
- C.R.S. 18-6-801, Domestic violence sentencing
- C.R.S. 18-6-803.6, Duties of peace officers (mandatory arrest)
- C.R.S. 18-6-803.5, Violation of a protection order
- C.R.S. 18-1-1001, Mandatory protection orders
- C.R.S. 18-3-204, Assault in the third degree
- C.R.S. 18-9-111, Harassment
- C.R.S. 18-3-206, Menacing
- C.R.S. 18-9-306.5, Obstruction of telephone or telegraph service
- C.R.S. 18-1.3-102, Deferred judgment and sentence
- C.R.S. 24-72-706, Sealing of criminal conviction records
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