In Colorado, calls to the police involving domestic violence are taken very seriously and even if it may have seemed like just a heated argument, the ramifications can be quite severe. Here are the things to know about how domestic violence cases in Colorado.
Mandatory arrest state
Colorado is considered a mandatory arrest state which means that even if the police did not physically see an altercation happen if they have probable cause to believe that violence did occur, they have the right to arrest the aggressor. Though there can be some instances where both the aggressor and the person who called are arrested together, this tends to be a very rare occasion.
If the defendant has a previous history of domestic violence, even if those previous offenses were misdemeanors, if they had 3 previous altercations then this forth instance would automatically be escalated to a class 5 felony and can be even doubled if an act of violence is involved that resulted in serious injury. This would mean that jail time would most likely be imminent.
Loss of gun rights
One very strict law that Colorado has that can be surprising is if someone is convicted of any type of domestic abuse charge, even a misdemeanor, they will lose their ability to own a gun. If they previously had a gun they still have the right to sell it or keep it with an authorized facility but they will not be able to physically handle the weapon again until their rights are reinstated by positioning the courts and having them approve.
In regards to any type of domestic dispute, it is almost a guarantee even if no jail time will be served that the judge will have the defendant complete counseling and possibly some type of courses in regards to domestic violence.
Protection orders are basically like restraining orders. If the judge feels that the defendant’s spouse, family or children are in imminent danger then they can issue a protection order that forces the defendant to stay away from the victim and children. If this is violated then it would mean immediate arrest and additional charges on top of the previous charges for the domestic dispute incident.
Overall, Colorado, like many other states have created laws that serve immense repercussions for domestic abusers so that victims can stay safe and justice can be served.