Loveland Domestic Violence Attorney

Loveland Domestic Violence Attorney

It is possible to be arrested and convicted of domestic violence in Loveland if it can be shown and proven that you have threatened or committed a particular crime against someone that you were intimately involved with. As a result of this, it is critical that you hire an experienced Loveland domestic violence attorney if you have been charged.

When a crime is committed and there is or was an intimate or family relationship between the perpetrator and the victim, this actually increases the penalties for the crime. This includes threats, punishments, control, intimidation etc. Some of the affected parties may include:

  • Partners or spouses
  • Former partners or spouses
  • Unmarried couple (this can either be in the past or present)
  • Any person who you’ve co-habitated with (past or present) as well as who you have dated. This applies for both same sex and different sex persons/couples. It also applies whether the relationship was non-sexual or sexual.
  • Couples that have a child/children
  • Other members of the family such as brothers, sisters, parents

Mandatory Domestic Violence Arrest Laws In Colorado

In most cases, charges for domestic violence are according to one person’s accusation. In order for an officer to charge another person for domestic violence they need to find any evidence that shows that there was an altercation. This includes a cut, bruise or even the statement of a witness. The officer will also need to make a judgement call on the party at fault.

This often results in charges for domestic violence that might be just self defense. This type of judgement call by a police officer on the scene may or not be warranted by ALL the facts. Unfortunately, the law is such that the officer must make a charge if he or she even remotely thinks any form of domestic violence has occurred.

In Colorado, the officer has to arrest the perpetrator or suspect once they are present according to the domestic violence laws in this state. This person will have to be booked and denied bond until the victim is told about the bond hearing.

So, if you have been wrongly accused of domestic violence and arrested, the very first thing you should do is call an domestic violence lawyer in Loveland asap.

Victims Are Not Allowed To Drop Charges

What Occurs When Police Are Called In Loveland?

The main aim of the police would be to determine if there is a probable cause that indicates that a domestic violence crime has happened. This essentially means that they need to determine reasonable grounds that some crime has occurred.

Once probable cause is determined, the police will have to arrest the suspect. This must be done immediately according to Colorado’s laws on domestic violence.

After the arrest has taken place:

  • There will be a mandatory protection order that will immediately begin. This basically prevents the suspect or accused from trying to talk to or communicate in any way with the victim. This is done for the protection of the victim so that the case can go on. If the suspect actually violates this protection order, this violation will cause them to get additional charges.
  • The victim of domestic violence would not be able to drop any of the charges against the suspect. The case will proceed or not according to the decision of the prosecutor. The prosecutor may potentially think about the wishes of the victim before they determine if the case would be pursued or not.

Domestic Violence Penalties

In Loveland, the penalties will depend according to factors such as the exact type and level of charges as well as if the suspect has any previous convictions of domestic violence or any other type of criminal record.

The penalties for domestic violence offenses include a combination of the following:

  • Treatment at a particular program
  • A monetary fine
  • Jail
  • Probation
  • Inability to purchase firearms

Furthermore, depending on the situation and suspect, there may potentially be more penalties and proceedings. In the event that the suspect is a member of the military, then they will likely have to go through a court martial.

If you have been arrested for domestic violence, then give us a call so that we can analyze your particular case and let you know what will happen, penalties etc. Your consultation is completely free, so call us now so we can help you.

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Ash McCuaig

Loveland Criminal Attorney

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