Domestic Violence Frequently Asked Questions
There are many misconceptions about domestic violence charges in Colorado. When facing these charges, it’s critical to have an experienced advocate in your corner. As former criminal prosecutors of domestic violence charges, our lawyers at the law firm of Anaya-McKedy, P.C., fully understand what you are up against and know how to build a solid defense for you.
Call our criminal defense attorneys at 719-227-0007 to get any answers you do not find below for our frequently asked questions. You may also contact us online to schedule a consultation to talk about the specifics of your domestic violence case.
- What is domestic violence? Domestic violence is defined as controlling the acts of a person with whom the actor is or has been involved in an intimate relationship through threats, emotional abuse, sexual abuse or physical violence.
- Is it a felony or a misdemeanor? The answer here depends on the amount of damage caused to the person or his or her property. If serious injuries are suffered or the damage to property is extensive, the charge will most likely be at the felony level. If very little injury or minor damage to property occurs, then a misdemeanor is possible.
- Can I be arrested for domestic violence? Yes. Even if damages suffered are only minor, the accused can still be arrested.
- Isn’t domestic violence only between married couples? No. Domestic violence can also occur between divorced couples, people who live together, anyone with a family relationship, partners and even people who used to live together.
- What is a no-contact order? Also known as an order for protection or a restraining order, a no-contact order prevents all forms of contact with the alleged victim. This means that the accused may have to leave his or her own home if he or she currently resides with the alleged victim, and the accused may also be separated from his or her children. These orders are effective across state lines.
- Will domestic violence charges affect my custody arrangement? The odds of this type of charge affecting custody are very high. Unfortunately, many individuals will falsely accuse another party of domestic violence in order to gain an upper hand in a divorce. Consult with an experienced criminal defense lawyer immediately if accused.
- Can the alleged victim take back the charges? No. Once the police have been called the alleged victim cannot take back what was said. The police fear that the accused will use further abuse to make the alleged victim recant his or her story, so prosecutors are generally very adamant on pursuing the original charge.
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Serving clients through the El Paso County and Teller County areas, our attorneys provide dedicated domestic violence representation. Call 719-227-0007 for answers to your difficult questions.