We routinely defend people who have been unjustly charged with Domestic Violence in Greeley, and across Colorado. The Domestic Violence statute (DV) is far too broad, and can be added to any crime which involves two people who have been in an intimate relationship. Domestic Violence is a sentence-enhancer which can be added to any crime – even if it didn’t involve actual violence. In this blog I’ll discuss the reason why DV laws are broad:
Every Crime Can Be Domestic Violence Under Broad Law
I’m going to come out and say it: The Colorado legislature caved to pressure from special interest groups and made the DV law far too broad. Under the new laws, anyone can be charged with Domestic Violence. Let’s take a closer look:
Intimate Relationship:
DV is charged whenever a crime is committed between two people who have been in an “intimate relationship.” This term used to mean a sexual relationship, but evidence of such a relationship is no longer needed. This means anyone can be charged with DV in Weld, Morgan, or Logan County.
Motives Are Difficult to Define:
DV is charged whenever a crime contains elements of “coercion, control, punishment, intimidation, or revenge.” It is difficult to define motives. How can you know if a crime was committed out of a desire for intimidation?
Under the Domestic Violence statute, any crime can receive the DV label. We have defended people who have been charged with Harassment Domestic Violence after sending too many text messages. You can be charged with Theft Domestic Violence, Burglary Domestic Violence – even Criminal Mischief Domestic Violence. Assault Domestic Violence is often charged after an argument, where one person pushed the other.
Overly Broad Law Impacts the Police, DA’s and Judges in Greeley, Colorado
When laws are too broad, they can be manipulated. We see situations where the police, DA’s, and judges are manipulated by Domestic Violence laws in Greeley.
Greeley Police:
When the police respond to a Domestic Violence call, there is a mandatory arrest. Usually, the men are arrested. This is because the police have a “rescue mentality” and will always help the cute, “victim” who has been harassed. 90% of the time, men are arrested on accusations alone, with no evidence necessary.
District Attorneys:
District Attorney’s offices receive tax money to fund a victim’s rights program. This means they work with Victim’s Rights Advocates, who coddle alleged victims. “Victims” are treated like royalty in a special room in the courthouse. Heaven forbid a criminal lawyer speak with the alleged victim and find out the truth!
Judges:
Judges are limited when it comes to Domestic Violence cases in Greeley. This is because the Victim’s Bill of Rights mandates that a District Attorney consult with the alleged victim before a judge can modify a bond, conduct a sentencing hearing, or accept a plea deal. The attorneys at our office have made many repeated trips to the Weld, Morgan, and Logan County courthouses because the DA failed to fulfil their obligation under the Victim’s Bill of Rights.
Good People Pay the Price for Poorly Written Laws
The Colorado Legislature is trying to please everyone, and as a result, good people are filling the Weld County Jail and the Colorado Department of Corrections. Because DV laws are poorly written, citizens are made to pay higher taxes because of the full prisons and jails, are unjustly arrested, and must deal with unfair criminal records. The criminal defense attorneys at our office are skilled at dealing with unjust Domestic Violence charges. If the Greeley Police, Evans Police, or Erie Police contact you regarding DV charges, don’t speak with them. They will use whatever you say against you in court.
If you or a loved one has been charged with Domestic Violence, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect the future.
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