Being charged with assault in Colorado is a very serious matter. It can lead to incarceration and hefty fines and can badly tarnish a reputation, creating a criminal record that jeopardizes your chances of obtaining employment, a professional license, getting married, and even gaining custody of a child during a divorce. A criminal defense attorney is knowledgeable in Colorado law and plea bargaining tactics needed to reduce a sentence for assault charges. Hiring a Baumgartner Law attorney in Denver, Lakewood, Aurora, or Boulder, Colorado can give you a better chance at a favorable outcome.
Restraining Orders
A restraining order is automatically issued when an arrest is made for a domestic violence offense. This restraining order makes any contact with the victim – no matter what it is – another crime with which you can be charged. This is a misdemeanor, as well as a bond violation, and penalties can include fines of up to $5,000 or up to 18 months in jail. Contact includes texting, emailing, calling, stalking, or even contacting one of the victim’s family members or friends to try to reach the victim. When a restraining order is issued, your name also goes into an electronic protective order registry. Automatic restraining orders in criminal cases last until the end of the case, including the length of any probation, or until they are modified by a judge.
Civil Protection Orders/Restraining Orders
Civil restraining orders are usually temporary, lasting 14 days, but may evolve into permanent civil restraining orders. At that point, every time a police officer is contacted regarding your activity, he or she will be aware of your name in the registry. A Baumgartner Law domestic violence attorney can help you protect your reputation and keep your record clean.
Domestic Violence Laws in Colorado
Domestic violence laws in the state of Colorado are very strict, as Colorado is a mandatory arrest state. This means that if the police are called as a response to an altercation between intimate or domestic partners, somebody will be arrested whether or not anyone wants to press charges. If the partners are living in the same residence, then the accused partner cannot go home. It doesn’t even matter if the alleged victim wants to forgive and forget. This type of charge cannot be dropped once it is in motion. If a court reviews the pertinent facts of the case and decides there is truly evidence of domestic violence or abuse, the court can prohibit you from owning a firearm and order you to enter a domestic violence treatment program. And, again, with the arrest comes an automatic restraining order, which, if made permanent, gets your name in the electronic registry of domestic violence offenders. If you’ve been previously convicted of domestic violence three or more times, you can be charged as a “habitual offender” and your charge will also be elevated from a misdemeanor to a felony, resulting in prison time and fines of up to $100,000. A Colorado domestic violence attorney from Baumgartner Law can help you navigate the legal waters, increasing the chance of a beneficial favorable outcome.
Speak to a Family Violence Lawyer for Legal Advice
So, if you have been accused of domestic violence, say nothing, and immediately contact a family violence lawyer for legal advice. Call Baumgartner Law at (303) 529-3476 for a professional initial consultation. We serve Denver, Lakewood, Aurora and Boulder, Colorado, and are waiting to hear from you.
Recent Success Stories
A. H. was charged with domestic violence as a result for allegations by an alleged victim who later said they could barely remember the incident. After thorough investigation and hard advocacy. Baumgartner Law was able to obtain full dismissal for A.H. and seal all criminal records. A.H. now has a clean criminal history.
Winston H was charged with assaulting his girlfriend after himself being the victim of his girlfriend’s attacks. He called the police, but when they came, he was arrested and charged with Domestic Violence Assault. After building a solid defense, Birk Baumgartner was able to obtain a dismissal of all charges.
Vince L. was charged with Domestic Violence Assault, and the prosecutor tried to bring felony assault charges. Not only was Birk Baumgartner able to prevent the charges from being filed as a felony, he was able to force a dismissal of all charges.
Michael R. was charged with assault twice within six months, for separate events. One charge was an allegation of domestic violence. Each time, Baumgartner Law was able to get the charges dismissed without a trial.
**These stories, while true, are not meant to be an indication of the results you should expect in your case. Every case is different and there are too many variables to make any prediction in the outcome of a particular case. No attorney can promise you a particular result in any case.