Domestic Violence is one of the most aggressively prosecuted categories of criminal charges in Weld County. It is also one of the most misunderstood. Every week, people in Greeley and the surrounding communities find themselves facing criminal charges stemming from a domestic dispute and many of them are stunned to discover how little control they have over what happens next. The rules are different in Domestic Violence cases, the stakes are higher, and the collateral consequences extend far beyond whatever charge appears on the complaint.
These are the questions we hear most often from clients and their families and the answers that matter most.
FAQ #1: What exactly makes something a “Domestic Violence” case in Greeley, Colorado?
In Colorado, Domestic Violence is not a standalone criminal charge. It is a sentence enhancer and a designation applied to an underlying offense. Under C.R.S. § 18-6-800.3, Domestic Violence means an act or threatened act of violence upon a person with whom the defendant is or has been in an intimate relationship. It also includes any crime against property, any crime against a person, or any municipal ordinance violation committed as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been in an intimate relationship.
An “intimate relationship” includes current or former spouses, current or former unmarried couples, and parents of the same child, regardless of whether those individuals ever lived together or whether the relationship is ongoing. It does not require that the parties be romantically involved at the time of the offense.
This definition is broader than most people expect. A property crime like slashing tires, breaking a phone, and damaging furniture can carry a Domestic Violence designation just as readily as a physical assault.
FAQ #2: Can the alleged victim drop the Domestic Violence charges in Weld County?
This is the single most common misconception in Weld County Domestic Violence cases, and the answer is no, not directly. In Colorado, once law enforcement becomes involved in a Domestic Violence call, the decision to pursue charges belongs to the prosecutor, not the alleged victim. The state is the party bringing the case, and the state can, and frequently does, proceed even when the alleged victim does not want to press charges, refuses to cooperate, or recants their initial statement.
Weld County prosecutors are trained to build cases that do not rely solely on victim testimony. 911 recordings, body camera footage, photographs of injuries or property damage, neighbor statements, and prior call history to the address are all used to move a case forward without the victim’s active participation.
When an alleged victim contacts the prosecutor’s office to ask that charges be dropped, that contact is noted. It does not end the case. In some instances, a victim who recants can face pressure or even charges of their own if prosecutors believe the recantation is false.
FAQ #3: What is a mandatory arrest, and does it apply in Greeley?
Yes. Colorado is a mandatory arrest state for Domestic Violence calls. Under C.R.S. § 18-6-803.6, when law enforcement responds to a Domestic Violence call and has probable cause to believe that a crime involving Domestic Violence has occurred, the officer must arrest the predominant aggressor. The officer does not have discretion to simply separate the parties, issue a warning, or defer to the wishes of either party.
This means that a single disputed allegation, one person’s word against another’s, can result in an immediate arrest, booking at the Weld County Jail, and a mandatory protection order issued before the arrested person ever sees a judge.
FAQ #4: What is a mandatory protection order, and what does it mean for my life?
When a person is arrested for a Domestic Violence offense in Colorado, a mandatory protection order is automatically issued at the first court appearance. Under C.R.S. § 18-1-1001, this order prohibits the defendant from contacting or harassing the alleged victim, and in most cases requires the defendant to vacate any shared residence even if that person owns the home.
The practical consequences of this order are immediate and serious. A defendant may be removed from their own home, separated from their children, and cut off from communication with their partner all before the case has been tested in any way. Violating the protection order is a separate criminal offense, even if the contact was initiated by the alleged victim.
The protection order remains in effect for the duration of the criminal case. In some circumstances it can be modified by the court, but doing so requires a formal motion and a judge’s approval. It cannot be undone informally by agreement between the parties.
Contact a Greeley Domestic Violence Defense Attorney Today
If you have been arrested for a Domestic Violence offense anywhere in Weld County, including Greeley, Evans, Windsor, Fort Lupton, Eaton, or Milliken, contact our office immediately for a free and confidential consultation. Do not make statements to law enforcement without an attorney present, and do not violate the terms of any protection order while your case is pending. We are here to protect your rights, your record, and your future.
If you or someone you love has been charged with a Domestic Violence offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Ann H