A Domestic Violence charge is defined as a crime against someone with whom exists an intimate relationship. These Domestic Violence charges can be assault, menacing, harassment, and damaging property (criminal mischief).
When facing a Domestic Violence charge, you need an attorney who has worked many Domestic Violence cases and understands the complexity of Domestic Violence cases.
Complexity of Domestic Violence Cases
Often, the “victim” will be interviewed by a victim rights advocate. Before this happens, hire an attorney to discuss YOUR rights and what Mark Solomon can do to help you.
Preserving evidence: Police will usually arrest the person they think is the aggressor and take him/her to jail. This leaves the “victim” alone in the home to disturb evidence that the police may not have documented. Arresting officers and jails will often fail to document injuries on the defendant.
Nothing is more painful and life changing as having a domestic abuse conviction.
Mandatory Protection Orders
Once brought before a judge in a Domestic Violence case, a defendant will be served with a protection order prohibiting the defendant from further acts that would constitute harassment or intimidation of witness in the case. This will most often specifically target the alleged victim. Often, this protection order is a “no contact” order, and NO CONTACT IS ALLOWED! This means no contact in person, by phone, in text messages, or third-party contact by passing messages to the alleged victim. Your lawyer has a right to contact any witness in the case. As such, your lawyer can communicate with the alleged victim even if a no contact order is in place. This is a very powerful tool in planning your defense.
Another facet of a no contact protection order requires the defendant to leave the home. Having to temporarily move out of your home is part of a domestic violence case, and is probably the most traumatic because any judicial orders to allow contact or to allow defendant to move back home will often take 2 to 6 weeks. Some courts even require the defendant to take a class before they will approve modifications to a no contact order.
I often recommend receiving counseling as soon as possible to allow a court a reason to bring the family back together.
A new law in Colorado in 2013 requires that any defendant subject to a protection order in a domestic violence case relinquish possession of all firearms. Some companies will take possession of these firearms for a fee. The Denver Police Department has offered their services to hold guns for a monthly fee per firearm.
Once a defendant is convicted of a domestic violence crime, even a misdemeanor, he/she will be a “prohibited person” from possessing a firearm or ammunition under federal law.
Protect your rights
Get a lawyer on your side who will fight for your rights. Mark Solomon will work with you, investigators, and the witnesses to get to the bottom of what happened and defend you. Call (720) 722-2050 for your initial consultation.