Navigating Mandatory Arrest Laws in Colorado Family Disturbance Cases
You and your partner get into an argument. Things get heated, voices are raised, and in a moment of frustration, a glass gets smashed or a door gets slammed. When the police knock on your door, it catches both of you completely off guard.
You open the door and try to explain that you are both okay—that it was just an argument. But in Colorado, the moment law enforcement spots any disruption, the situation is completely out of your hands. Officers take note of a broken object, an unrelated mark, or a high-stress environment, and within moments, you are handcuffed and placed in the back of a squad car.
Why Having an Argument Can Trigger an Immediate Felony or Misdemeanor Arrest
Under Colorado Revised Statutes § 18-6-800.3, domestic violence is not an isolated charge, but an enhancement applied to other offenses like assault, harassment, or criminal mischief. Because Colorado enforces a strict mandatory arrest rule, responding officers who establish probable cause of a domestic relationship disturbance must take an individual into custody.
It does not matter if the alleged victim objects or refuses to press charges. Once an arrest occurs, only the state prosecutor has the authority to move forward or dismiss the case. To protect your future, your career, and your reputation, you need an aggressive pre-trial defense strategy from an award-winning Denver family violence lawyer immediately.
Colorado Criminal Attorney Kimberly Diego Knows What Constitutes Domestic Violence in Our State
Most people have a fairly narrow view of what “domestic violence” means. Ask a random person on the street, and they might say something like, “Hitting your spouse or kid.”
However, while that is one type of domestic violence covered by the laws of Colorado, it is not the only act that can get you charged. What does the law say, specifically?
Domestic violence is any act of violence – or threat of violence – between two people who are in or previously had an intimate relationship. That sounds pretty simple, but there is actually a lot to unpack there.
Let’s start with the various acts the law covers. Violence and threats of violence. That can mean a number of different things. It obviously includes acts of physical and sexual violence against the victim, including hitting, kicking, slapping, choking, and so on – with a weapon or without. However, since threats count as well, it can also mean saying something like, “Shut up or I’ll shut you up!” in the middle of an argument or even raising your hand in a threatening manner.
Stalking and harassment apply, too, as do property crimes depending on the specifics of the situation. For example, taking your partner’s phone so they cannot contact others can be domestic violence, as can breaking their phone in an argument. These latter types of domestic violence offenses have even been known to result in victims being charged instead of their abusers.
Are there specific domestic violence charges for all these types of crimes? Not exactly. In fact, there is no actual charge of “domestic violence” outlined in our statutes. Rather, domestic violence is what is known as an “aggravator” or “sentence enhancer.”
The means that someone “charged” with domestic violence is really being charged with another crime and having additional penalties related to domestic violence added to the consequences they already face.
The charges that most commonly come with enhanced domestic violence penalties include:
What separates acts of domestic violence from other types of crimes? Quite simply, the relationship between the alleged perpetrator and the victim.
Colorado defines this as two people who have had an “intimate relationship,” which is a big umbrella. Cases in our state have been filed against:
Spouses
Same-Sex Partners
Boyfriends/Girlfriends
Exes
Parents and Children
Roommates
Co-workers
And more
Essentially, you can be charged with domestic violence for acts against anyone with whom you have had an intimate relationship at any time.
Avoid the Serious Consequences of a Domestic Violence Conviction with a Knowledgeable Denver Family Violence Lawyer
What are you up against if charged with domestic violence in our state? A lot of that depends on the specific charge.
For example, the penalties you face for domestic violence sexual abuse will be quite a bit different from those for breaking your spouse’s TV. That being said, there are a number of commonalities between the types of enhanced penalties you can get for domestic violence, including:
Difficulty Getting House Arrest. Often, defendants are able to negotiate house arrest, so they do not have to stay in jail while awaiting trial. However, this is impossible in many domestic violence cases since they share a home with their alleged victim.
Difficulty Getting Probation. For most crimes, probation is granted largely depending on the nature of the act itself and the character of the accused. Where domestic violence crimes are concerned, however, the court must also think about the safety of the victim and any children who are involved. If there is a potential for violence, probation likely will not be granted.
Gun Rights Taken Away. If you are convicted of a domestic violence charge, the law says that you are no longer able to own, use, or transport guns or ammunition. This is also true if you are under a protection order with certain criteria.
Labeled a “Habitual Offender.” Anyone who has been convicted of a domestic violence charge three or more times in the past and is charged again can be labeled a “habitual offender.” This is incredibly important because along with the label comes an automatic bump up from a misdemeanor offense to a Class 5 felony charge.
Required Evaluation or Treatment Program. If you are convicted but not sent to prison, you will be required to complete a domestic violence evaluation or treatment program.
Frequently Asked Questions About Colorado Domestic Violence Enhancements
Can a victim drop domestic violence charges in Denver?
No. In Colorado, criminal charges are brought by the State (the District Attorney’s office), not the individual victim. Even if the complaining witness formally recants their statement, signs an affidavit, or requests that the case be dismissed, prosecutors will typically continue pursuing the domestic violence sentence enhancement based on law enforcement reports and initial physical evidence
What happens if you violate a domestic violence protection order in Colorado?
Violating a mandatory criminal protection order issued under C.R.S. § 18-1-1001 is a separate criminal offense that carries severe consequences. If you make contact with the protected party via phone, text, third parties, or social media while your case is pending, you face immediate arrest, bond revocation, and additional misdemeanor or felony charges regardless of whether the victim initiated the contact.
How does a domestic violence conviction affect your gun rights in Colorado?
A conviction for a domestic violence offense or domestic violence enhancement triggers an automatic, lifetime restriction on your second amendment rights. Under federal law (the Lautenberg Amendment) and corresponding Colorado statutes, individuals convicted of a misdemeanor or felony involving family violence are permanently prohibited from owning, carrying, possessing, or purchasing firearms and ammunition.
Protect Your Future with an Award-Winning Denver Domestic Violence Attorney
A domestic violence enhancement can fast-track your case through the Colorado judicial system, leaving you minimal time to prepare. A conviction can permanently restrict your housing options, strip away your constitutional firearm rights, and leave a permanent mark on your background checks. When the stakes are this high, leaving your representation to an automated system or an overburdened public defender can put your freedom at risk.
At the Law Office of Kimberly Diego, we provide highly personalized, aggressive criminal defense representation. Named to The National Trial Lawyers Top 100 and recognized as a Super Lawyers Rising Star, attorney Kimberly Diego works directly on every single file. We challenge the state’s evidence, challenge underlying arrest protocols, and fight to protect your rights in municipal, county, and district courts across the Denver metro area.
She has helped all kinds of Coloradoans just like you to reach the best possible outcome in their cases, and her work has been recognized by clients and peers alike, including:
Additionally, she has written extensively on the topic and knows the laws of our state inside and out:
Step 1: Schedule a Free, Confidential Consultation
Get in touch with our legal team immediately to review active protection orders and upcoming court dates. You can submit a secure case review online, email kimberly.diego@gmail.com, or call our main defense line directly at (720) 257-5346.
Step 2: Meet Directly with Kimberly Diego
Visit our office located at 899 Logan Street, Suite 103, Denver, CO 80203 (or schedule a secure virtual appointment) to map out your timeline, review witness statements, and pinpoint weaknesses in the state’s probable cause findings.
Step 3: Deploy an Aggressive Pre-Trial Defense
Establish a proactive defense framework built to challenge unlawful police stops, push for immediate modifications to restrictive protection orders, and negotiate for an outright case dismissal or reduced charges.
A bail or bond hearing in Colorado is one of the first major court appearances after a criminal arrest. It determines whether a person will remain in custody while their case moves forward or be released under specific conditions. Although it happens early in the process, the decisions made at this stage can influence the entire direction of the case.
In most situations, this hearing occurs within hours or days
A Denver DUI arrest centers on two numbers: the roadside device reading and the station machine reading. Most people assume both are final. At the Law Office of Kimberly Diego, you can work with a Denver DUI defense attorney who understands that both readings can be challenged, and that the strongest defenses are built by reading the paper trail behind the numbers.
The Roadside Breathalyzer and the Station Test Are
If you violate probation in Colorado, your probation officer files a complaint with the court, and a revocation hearing is scheduled before a judge, not a jury. The burden of proof is lower than in a criminal trial, and the range of outcomes is wider than most people expect. The Law Office of Kimberly Diego defends people facing probation violation allegations throughout Denver and surrounding Colorado courts.
