Domestic Violence Defense

for the Denver Area

Denver Domestic Violence Defense

Domestic violence charges are always serious, even when you have a good defense— DV cases threaten your family, your reputation, and your freedom. If you are a nurse, doctor, or other healthcare professional, your professional license and career are also at risk. Contact a lawyer who can aggressively defend you and your license, who can be at your side through the entire process.

Matt Hand is a Colorado criminal defense attorney who defends licensed healthcare professionals, both from criminal charges and from board discipline. I have defended countless healthcare licensees, such as nurses, doctors, dentists, and therapists. I have won trials or earned dismissals on charges such as felony assault, DUI, indecent exposure, hit and run, attempt murder, harassment, sex assault, domestic violence, and more.

Legal Services and Areas of Service

My criminal defense practice primarily serves Colorado professionals licensed by DORA boards such as the Board of Nursing, Medical Board, Board of Pharmacy, Dental Board, and Board of Veterinary Medicine. I accept criminal cases that do not involve a healthcare license when I have availability.

Colorado Domestic Violence Information

Domestic violence doesn’t have to be physical violence. Under Colorado law, domestic violence is a sentence enhancer applied to any crime in which a current or former intimate partner is named as the victim, if that crime involved any element of violence, control, coercion, etc. Typical domestic violence charges include harassment, criminal mischief (damaging property), telephone obstruction, and other charges that do not necessarily involve physical force or injury. Misdemeanor assault requires physical force to be charged, and is a bit more serious, but the “injury” required to charge misdemeanor assault can be a single moment of pain. Felony assault is significantly more serious in terms of conduct and case outcomes, and is charged when the force used causes serious bodily injury (e.g., a broken bone), or when there is an allegation of strangulation, however brief.

Arrest in domestic violence incidents is mandatory in Colorado. Unlike in some other states, if the police have probable cause (a low standard) to believe a domestic violence offense occurred, by law they must arrest. It is not possible for the police to give just a warning, or to initiate a case with a summons to appear in court. Further, upon arrest, it is not possible for the arrestee to quickly post a bond. Instead, the arrestee must spend at least one night in jail and appear before a judge at the next available docket, when bond will be set and a protection order issued. Once bond is set, the arrestee may post the bond and be released from custody until the next court date. The amount and conditions of bond vary from case to case.

A mandatory protection order (MPO) will be issued in every case. The MPO prevents the defendant from possessing firearms, possessing or consuming alcohol or drugs, and contacting the alleged victim. If the defendant and alleged victim live together, the MPO will require the defendant to find another place to live, no matter whose name is on the lease or deed. Although most of these terms of the MPO can be modified or changed if the alleged victim requests (and if the judge agrees), it is not always as easy or fast as the parties want. In all cases, a provision will remain that prevents the defendant from harassing or intimidating the alleged victim. The protection order stays in force (modified or not) for the life of the case, including any sentence the defendant serves. A violation of a protection order is a serious misdemeanor offense and will also revoke your bond (leading to rearrest). NEVER VIOLATE A PROTECTION ORDER, THIS IS AN INCREDIBLY SERIOUS ISSUE.

The alleged victim can not drop charges. Although prosecutors are required to confer with the alleged victim in a domestic violence case, the final decision of what charges to pursue, and what plea offers to make, is completely up to the prosecutor. Because of Colorado law, in fact, a prosecutor may not dismiss a domestic violence case, or plead a DV case to a non-DV resolution, without very good cause (and a victim not wanting the charges pursued does not suffice). Prosecutors have less discretion with DV cases than with almost any other criminal case type.

Domestic violence sentences in Colorado require a domestic violence evaluation and treatment on probation, if probation is granted. The treatment involves weekly therapy sessions over the course of 36 weeks (sometimes longer, rarely shorter). Because of the time it takes to start and complete DV treatment, probation in DV cases is virtually never set at less than a year, and many judges and prosecutors insist on longer than a year, to ensure there is enough time to complete treatment.

There are numerous possible collateral consequences from domestic violence arrests and convictions. From getting fired from a job to deportation to losing your firearm rights, there are several things that may happen to you because of your criminal conviction, often without you realizing it until after you’ve resolved your case. For healthcare professionals, a domestic violence conviction is almost always reportable to the licensee’s professional board and will trigger a review of behavioral concerns to determine whether board discipline or rehabilitation measures are appropriate. Boards often analogize the care-based relationships within a family to the duties owed patients, and so they take domestic violence and (especially) child abuse convictions very seriously. Licensing and other collateral consequences can often be mitigated or avoided by a properly structured plea, so go slow and make sure your lawyer knows about concerns you have.

Federal law prohibits a person with a domestic violence conviction from possessing a firearm. However, the Colorado and federal definitions of domestic violence are not the same! In some cases there are ways to structure a plea bargain that avoids losing your right to a firearm. Discuss this with a competent domestic violence defense lawyer if it is a concern.

To schedule a free phone consultation,
please email: matt@handlaw.com

Include your phone number and basic information about the allegations against you. For professional license cases, attaching a PDF of the complaint is best, but at least indicate what license you hold and any upcoming deadline. For criminal cases, indicate what charges you are facing, plus the next court date and location. I will respond promptly. All emails and consultation with me are confidential.