Domestic violence charges have been becoming increasingly common in recent years. While domestic violence is a serious social problem, legislative reaction has been at times overboard. Law enforcement has been trained to always arrest someone when they are called out to a domestic violence complaint. This policy does not give the police adequate time to properly investigate a situation. Because of these reasons in has become increasingly important to hire the experienced Fort Collins domestic violence attorneys at Schwartz & Waible.
Under Colorado law, “Domestic Violence” means an act or threatened act of violence upon a person with whom the actor / suspect / defendant is or has been involved in an intimate relationship. “Domestic Violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person , or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
Under Colorado law, “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
Domestic Violence convictions also carry extraordinary collateral consequences beyond the actual sentence imposed by the Court. For example, the Brady Handgun Violence Prevention Act effectively prohibits any person convicted of even a misdemeanor act of domestic violence from possessing a firearm. This prohibition equates to a permanent loss of a defendant’s 2nd amendment rights. A conviction for domestic violence can close the door on a variety of jobs. More and more employers, as well as state licensing boards are asking applicants questions specific to domestic violence accusations and convictions.
It is no longer the case that only men are charged with domestic violence. As Fort Collins domestic violence attorneys we have seen an increase in women being accused as well. We have seen cases where accusers have exaggerated or outright lied to gain an advantage in custody disputes. Our Fort Collins domestic violence attorneys have worked extensively with both men and women to uncover and document prior incidents of abuse that went unreported because the person was too scared, confused or embarrassed to disclose these facts to the police. This evidence can be used to bolster a self-defense claim or mitigate a sentence imposed by the Court.
Fort Collins domestic violence attorneys at Schwartz and Waible have challenged domestic violence charges at trial more than any other kind of accusation. We have been successful at both the felony and misdemeanor level. We have also been successful at negotiating fair plea bargains with prosecutors because of our reputation of being effective advocates for our clients. Domestic Violence charges are extremely serious. If you find yourself accused of an act of domestic violence, call the Fort Collins domestic violence attorneys at Schwartz and Waible today.
Fort Collins domestic violence attorneys, Schwartz & Waible, also serve the following locations throughout Colorado: Greeley, Loveland, Windsor, and Wellington.