Domestic Violence Crimes
Domestic violence involves an act or threatened act of violence against a person with whom the defendant is or has been involved in an intimate relationship with. Domestic violence also includes any other crime against a person or against property or any municipal ordinance violation against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. An intimate relationship is one between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
Domestic violence is not a crime in and of itself, but rather a classification or label that is attached to any underlying crime. For example, the police may respond to your house based on a neighbor’s report of loud yelling. There is a red mark on your spouse’s face, and the police are told that you slapped and shoved your spouse. It is also alleged that these events occurred within view of your young child. Based on these facts, the police will probably charge you with third degree assault for the slap, harassment for the shove, and child abuse because your child was present for the incident. These three offenses are the underlying offenses to which the label of domestic violence will attach. The label of crime of domestic violence has significant ramifications.
Once it is determined that one or more crimes have been committed, and that they involve domestic violence, you will not simply be issued a ticket or summons. Instead, you will be arrested and taken to jail, and you will remain there until you appear in front of a judge. No bond will be set, nor would you be permitted to post bond to gain release, until you appear before a judge. At your bond hearing, the judge will order that you have no contact with the alleged victim, even if it is your spouse and you share a home. If you are also charged with child abuse, the no contact order will include your child.
If you are ultimately convicted of a crime involving domestic violence, or if as a result of a plea agreement you receive a deferred sentence to a crime involving domestic violence, the judge is required to order, in addition to any other penalties, participation in and completion of at least thirty-six (36) one-hour sessions of domestic violence education and treatment. Treatment must be obtained from individuals on the Approved Provider List of the Colorado Domestic Violence Offender Management Board. The law requires that the treatment standards promulgated by the Board in Standards for Treatment with Court Ordered Domestic Violence Offenders are followed.
- Alexander Garlin obtained a voluntarily dismissal in a Broomfield County case where their client was charged with Harassment and Violation of a Restraining Order, and which involved repeated allegations of criminal conduct by their client’s vindictive ex-wife. After intensive defense investigation and relentless negotiation with the Broomfield District Attorney’s Office, they were able to discredit the ex-wife’s claims. If convicted, their client, a successful businessman, faced a lengthy county jail sentence due to the countless past and continuing accusations made by his accuser. In light of this dismissal, Alexander Garlin also obtained the dismissal of a related probation violation complaint.
- In a case where their client was accused of having committed a number of serious criminal offenses by the children of their client’s former significant other, Alexander Garlin obtained a voluntarily dismissal of additional pending charges and prevented the filing of even more charges. Comprehensive defense investigation, which covered more than twenty years of the accuser’s history, was critical in convincing the Boulder County Deputy District Attorney that the children’s allegations were made falsely and with the encouragement of their mother. As a result, their client will not have any permanent criminal convictions and will be eligible to seal the record of the previous proceedings.
- Alexander Garlin obtained a voluntarily dismissal in a Boulder County case which involved charges against their client, a young college student who, while involved in an abusive relationship, was arrested and charged with Domestic Violence related offenses and which were based upon the accusations of her boyfriend. The case was dismissed after defense investigation and a detailed oral and written presentation of the facts to the prosecution demonstrated that the accuser was actually the perpetrator, and that their client was in fact the victim of the crimes she was charged with.
Alexander Garlin has experience in providing criminal defense of crimes of domestic violence and related criminal charges. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.
The criminal defense attorneys at Garlin Driscoll, LLC, welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.