Valentine’s Day is often seen as a day for love, romance, and connection. But it can also be a day of heightened emotions, leading to arguments, misunderstandings, or even violence. If you’ve been arrested for domestic violence in Colorado on or after a stressful holiday like Valentine’s Day, it’s important to understand the legal process that follows. Hebets & McCallin P.C. is here to guide you through the steps and provide insight into the serious consequences that can come with domestic violence charges.
The Emotional Weight of Valentine’s Day and Relationships 
Valentine’s Day, while meant to celebrate love, often brings out complicated feelings, especially for couples who are already navigating stress in their relationships. For some, the pressure to make the day perfect or unmet expectations can lead to arguments, emotional outbursts, or regrettable decisions. When emotions run high, it’s easy for things to escalate, and in the worst cases, a domestic violence situation can develop.
In Colorado, the law is clear that domestic violence offenses are taken seriously and handled with urgency. When an arrest is made in such circumstances, it can leave individuals unsure of their rights or what to expect next. That’s where understanding the law and having the right legal representation is crucial.
What Happens Immediately After a Domestic Violence Arrest in Colorado?
Once law enforcement arrives at the scene, their priority is to ensure the safety of everyone involved. This typically means that someone is arrested. Even if the altercation was minor or the injury was not severe, Colorado law requires police to make an arrest if there is probable cause that domestic violence occurred. The charges don’t require physical injuries alone—threats, emotional abuse, or any behavior that makes the other person feel unsafe can also lead to charges.
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Once arrested, individuals typically face several immediate consequences:
- Booking and Bail: After an arrest, the defendant is booked and placed into custody. At this point, the person can typically be given the opportunity to post bail, but with domestic violence cases, there are often restrictions.
- No Contact Orders: One of the immediate outcomes of a domestic violence arrest is the imposition of a “no contact” order. This order prevents any communication between the accused and the alleged victim, regardless of whether the two are in a relationship or living together.
- Court Appearance: A court appearance is typically required within 48 hours, at which point the judge will assess whether the no-contact order will remain and whether the defendant can be released on bail. In most cases, even if no charges are formally filed, the accused is required to remain separated from the other party while the case moves forward.
Domestic Violence Charges and Possible Legal Defenses
Domestic violence charges are taken seriously in Colorado, and the consequences of a conviction can be life-changing. However, there are defense options available depending on the specifics of the case. Some potential defenses include:
- Self-Defense: If the defendant was acting in self-defense, this could be a valid defense against the charges. Colorado law allows individuals to use force to protect themselves when they believe they are at risk of harm.
- False Allegations: Domestic violence accusations can sometimes be based on false or exaggerated claims. If an individual was falsely accused of committing domestic violence, a defense attorney may work to prove that the charges are unfounded.
- Lack of Evidence: In some cases, the prosecution may not have enough evidence to pursue the charges, and the case may be dismissed. This can happen if there are inconsistencies in witness testimony or a lack of physical evidence supporting the claim of domestic violence.
An experienced criminal defense attorney will help navigate these legal defenses and ensure that the individual’s rights are protected throughout the process. At Hebets & McCallin P.C., our team has the knowledge and experience to fight for the best possible outcome.
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Collin McCallin performed EXCELLENTLY with my case. He kept in consistent contact with me throughout and showed diligence and extreme care for what I was dealing with.
He worked effectively with the district attorney to resolve my case, and I could not be more pleased with the work. Thanks again!
- Tim W
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Working with Russell lifted a huge weight off of our shoulders and allowed my husband and me to get back to living our lives knowing we were in good hands. Russell is truly a genuine and caring person and my husband and I will forever be grateful for the hard work, empathy, and support Russell gave us with my case. His persistence and determination resulted in a full dismissal of all of the charges!"
- Anonymous
The Legal Process and Court Hearings
After a domestic violence arrest, several court proceedings typically follow. The first will often be a preliminary hearing or an arraignment, which is when formal charges are read. In Colorado, domestic violence charges can range from misdemeanors to felonies, depending on the severity of the incident. If the charges are severe, a more extensive court process is likely, including the possibility of a trial.
- Preliminary Hearing: In Colorado, a preliminary hearing will be held soon after an arrest, where the prosecutor will present evidence to determine if the case should go forward. The defense attorney has the right to challenge the evidence and argue for the charges to be dismissed.
- Plea Deals and Sentencing: In some cases, the accused may be offered a plea deal to avoid a lengthy trial. Plea deals may include attending domestic violence classes or community service in exchange for reduced charges. However, it’s crucial to have an attorney review any offer before agreeing to ensure that the defendant’s rights and future are properly protected.
The Penalties for a Domestic Violence Conviction in Colorado
Convictions for domestic violence carry serious consequences in Colorado. Whether the charge is a misdemeanor or felony, the penalties can be long-lasting. Some of the penalties include:
- Jail or Prison Time: Domestic violence convictions may result in jail or even prison time. The length of the sentence will depend on the severity of the crime and whether there are any previous convictions.
- Probation: Many defendants are sentenced to probation instead of jail time. However, probation often comes with strict conditions, such as mandatory counseling, drug testing, or community service.
- Restraining Orders: A conviction may result in a restraining order that prevents the convicted individual from having any contact with the alleged victim.
- Loss of Firearm Rights: In some cases, a domestic violence conviction can lead to the loss of the right to possess firearms, which can affect an individual’s ability to work in certain professions or areas of life.
How an Attorney Can Help in Domestic Violence Cases
Navigating the legal system after a domestic violence arrest can be overwhelming, but an experienced criminal defense attorney can help protect your rights. At Hebets & McCallin P.C., we offer a free consultation and provide thorough, compassionate legal representation.
- Building Your Defense: We carefully examine all the evidence and create a defense strategy tailored to your situation. Whether you are facing false accusations or need to prove that you acted in self-defense, we are here to guide you through every step of the process.
- Protecting Your Future: A domestic violence conviction can have lasting consequences. Our firm works hard to minimize those impacts, helping you preserve your reputation, your career, and your future.
If you or someone you love has been arrested for domestic violence in Colorado, understanding the legal process and having the right representation is crucial. Domestic violence charges are serious, but there are defenses available to ensure your side of the story is heard. Hebets & McCallin P.C. is committed to providing expert legal advice and representation to individuals facing domestic violence charges. Contact us today to schedule your free consultation and take the first step toward protecting your rights.
