Loveland Domestic Violence Defense Attorney

Domestic violence cases are among the most emotionally charged cases handled by the courts. Unfortunately, Colorado’s zero-tolerance mandatory arrest domestic violence laws mean many defendants are unfairly charged, resulting in serious consequences. 

These are fast-tracked cases. In addition to an immediate protection order, defendant’s will be made to quickly answer to the charges in court. Contacting an experienced domestic violence attorney in Loveland is vital to avoiding some of the most serious consequences of an arrest and conviction, including: 

• Protection Orders: Temporary and permanent restraining orders can prevent you from returning home, result in forfeiture of child custody rights, and even prevent you from selling assets. 
• Zero tolerance: The state’s zero tolerance mandatory arrest law means you will face charges if police believe you have committed an offense, even if the alleged victim does not wish to proceed with charges. 
• Fast track: Your case will be put on a fast track through the court system, meaning your Loveland domestic violence attorney will have limited time to build your case. 
• Reputation: Being convicted of domestic violence can prevent you from living in certain places and may impact your job or career options. It will also negatively impact divorce or child custody proceedings. 
• Gun rights: In certain circumstances, a domestic violence conviction can prevent you from owning or possessing firearms. 

Loveland Domestic Violence Defense

Under Colorado law, domestic violence is an enhancement or aggravating factor of the underlying charge, which typically include: 

• Assault (CRS 18-3-202 – 204)
• Stalking a.k.a. “Vonnie’s Law” (CRS 18-3-602)
• Harassment (CRS 18-9-111)
• False imprisonment (CRS 18-3-303)
• Elder abuse (CRS 18-6.5-103)
• Sexual assault (CRS 18-3-402)
• Violating a restraining order (CRS 18-6-803.5)

The penalties for conviction depend upon the underlying charge. Your Loveland domestic violence defense lawyer will work to beat or reduce that charge. 

However, in many cases preventing a temporary or permanent restraining order can be just as important as these can have a major disruptive impact on a client’s life. 

Those charged with domestic violence will have an Emergency Protection Order put in place against them. These orders can prevent you from returning home, and will temporarily forfeit custody of children and pets. A victim may ask a court to issue a Temporary Restraining Order, which will last for 14 days. At a court hearing, the judge may issue a Permanent Protection Order, which will last for a minimum of two years. 

Simply violating the protection order (CRS 18-6-803.5) in a class 1 misdemeanor. As the state’s most serious class of misdemeanor, the penalty for a first time offense is up to a year in jail (364 days). 

There are many other ways to beat these charges. The state’s zero-tolerance position means defendants are too often unfairly charged in the wake of a dispute in which they were simply trying to de-escalate a situation or defend themselves. In other cases, defendant’s face false allegations by an alleged victim seeking an advantage in divorce or child custody proceedings. And in still other cases, an alleged victim pursues charges out of spite or vindictiveness. Yet, compared to many other types of criminal charges, those defending themselves against domestic violence accusations are put in a position where they must go above and beyond defending themselves, and instead prove their innocence in an attempt to avoid the consequences of a conviction. 

Our experienced Loveland domestic violence defense lawyers represent clients throughout the area, including Fort Collins, Longmont, Loveland, Larimer County, Weld County, Berthoud, Estes Park, Johnstown, Red Feather Lakes, Timnath, Wellington, Windsor, LaPorte, Bellevue, Greeley, Ault, Eaton, Severance, Nunn, Firestone, Dacono, Boulder, Winter Park, Granby, Hot Sulphur Springs, and Fraser. We represent clients in Larimer County, Boulder County, Weld County, Grand County and beyond.

Call Matthew Haltzman at the Haltzman Law Firm today at (970) 692-3440 for a free and confidential consultation to discuss your rights.