The officers separated you and your partner within minutes of arriving, and now you are in the back of a patrol car with your hands behind your back, watching your own front door from a distance. Nobody asked what actually happened tonight; they just said the neighbor could hear you yelling, and it sounded like someone had fallen hard. Your phone is still on the kitchen counter, and you do not know when you will get to talk to your kids.
The Law Offices of Susan Deschler understands how quickly the questions are running through your head right now. She steps in as your advocate from this moment, working to protect your rights as you walk down this road together, no matter how far it goes.
What Happens After a Domestic Violence Arrest That You Need to Know?
Colorado police make arrests when they find probable cause, meaning they have enough facts and circumstances to believe that a domestic violence crime occurred between people in an intimate relationship. After booking, an in-custody defendant generally must be brought before a judge for a bond hearing within 48 hours after arriving at the jail or holding facility. At that hearing, a judge decides on bond and related conditions and imposes a mandatory protection order that governs whether contact will be allowed and/or the type of contact allowed with the alleged victim, for the length of the case.
Understanding the Domestic Violence Arrest Process
Colorado law defines domestic violence broadly. It covers an act or threatened act of violence against someone the defendant is or was involved with in an intimate relationship, meaning a spouse, former spouse, an unmarried partner, or the other parent of the defendant’s child. Certain other crimes, such as property damage or harassment, can also be alleged as acts of domestic violence. The issue is whether the act was done when used to control, punish, or intimidate a partner.
Once police responding to a call determine that probable cause exists to believe a domestic violence offense occurred, they arrest the person suspected of committing the offense rather than simply issuing a citation. This mandatory-arrest process is often the first step for someone facing domestic violence charges in Colorado.
What Does the Mandatory Protection Order Require?
Colorado automatically attaches a protection order to every criminal case, and it takes effect when a defendant appears in court. In a domestic violence case, a judge typically adds several restrictions on top of the baseline order, including:
- No contact provision. The defendant may be prohibited from contacting, harassing, or communicating with the alleged victim directly or through another person.
- Stay-away requirement. The defendant may be required to avoid the alleged victim’s home and other places they are likely to be found, even if that means moving out of a shared residence.
- Weapons restriction. The defendant must surrender any firearms and may not purchase or possess weapons while the order remains active.
- Substance restriction. A judge may prohibit alcohol or controlled substance use for the duration of the case.
A violation of this order is punishable as contempt of court and may also constitute a separate criminal offense, regardless of how the underlying domestic violence charge is resolved. The order may remain in effect until the case reaches an outcome, whether through dismissal, acquittal, completion of a sentence, or discharge from probation.
Because the order is mandatory, a defendant cannot simply agree with the alleged victim to set it aside. Only a judge can modify it. Either the defendant or the prosecutor may request a hearing to modify its terms.
What Penalties Follow a Domestic Violence Conviction?
Domestic violence itself is not a separate crime in Colorado. It is a sentence enhancer attached to an underlying charge, such as harassment, assault, or criminal mischief. That means the penalty range depends on the other offense you were charged with (misdemeanor or felony), while the domestic violence designation adds consequences beyond standard sentencing.
Anyone convicted of an offense with a domestic violence designation is statutorily required to complete a domestic violence evaluation and, in most cases, an approved treatment program to satisfy the probation sentence and/or deferred judgment sentence.
How Can an Attorney Help Reduce or Dismiss Domestic Violence Charges in Colorado?
An experienced defense attorney examines every stage of your case for weaknesses and whether the prosecution can prove its case beyond a reasonable doubt. This includes questioning whether the responding officers had probable cause for the arrest, whether statements made at the scene were obtained properly, and whether the evidence supports the specific relationship and conduct that the domestic violence designation in Colorado requires.
An attorney can also petition the court to modify an overly restrictive protection order, negotiate with the district attorney toward a reduced charge, or, in some cases, work toward a dismissal when the evidence does not hold up. Because getting arrested for domestic violence means facing a process that moves quickly, having an advocate involved before the first court date gives a defendant more options than waiting until later in the case.
Why Let the Law Offices of Susan Deschler Represent You In Your Domestic Violence Case?
Susan Deschler has practiced law for 25 years, with experience on both the prosecution and defense sides of criminal cases, building a practice grounded in direct, hands-on representation. Before opening her own practice, Susan served as a Deputy District Attorney for the county court in Clear Creek County, giving her firsthand insight into how prosecutors build and evaluate domestic violence cases.
As a solo practitioner, Susan meets with her clients personally rather than routing them through a team of paralegals, ensuring each case receives the time and attention it deserves. Susan holds a high Avvo rating and has been recognized as an Elite Lawyer in criminal defense.
These credentials reflect the same close, personal approach she brings to every domestic violence case that comes through her door.
Take the First Step Toward Protecting Your Future
A domestic violence arrest does not have to define what comes next. The right advocate can help you understand what happens after a domestic violence arrest and work toward the strongest possible outcome given the facts of your case. Contact us today to schedule your consultation with the Law Offices of Susan Deschler and take the first step toward addressing the charges.
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