If you’ve been involved in a domestic dispute in Greeley or elsewhere in Weld County, you may be surprised to learn that police officers often have no discretion about whether to make an arrest. Colorado’s mandatory arrest law changes how Domestic Violence calls are handled compared to almost any other type of police response.
Greely Domestic Violence Attorney: What the Law Requires in DV Cases
Under Colorado Revised Statutes, when a law enforcement officer responds to a Domestic Violence call and has probable cause to believe a crime involving an “intimate relationship” has occurred, the officer is required to arrest the alleged offender. This isn’t a judgment call left to the responding officer. Once probable cause exists, arrest is mandatory, regardless of whether the alleged victim wants to press charges, wants the person arrested, or asks the officer not to make an arrest.
This applies to a broad range of relationships, including current or former spouses, people who live together or have lived together, people who share a child, and people who are or were in a dating relationship.
Lawyer for DV Charges in Milliken: DV Mandatory Arrest is a Surprise to Most
Many people assume that if the alleged victim calms down, recants, or says they don’t want their partner arrested, the police will simply leave. In Weld County, that is not how it works. Officers are trained to look for physical evidence of a struggle, inconsistent statements, and other indicators of probable cause. Once they find it, an arrest typically follows immediately, even over the objection of everyone involved.
What Happens After a Domestic Violence Arrest: A Windsor DV Attorney Explains
Once arrested, the accused is booked into the Weld County Jail and typically cannot have any contact with the alleged victim, even if they share a home or children, until a judge addresses the case at a first appearance or bond hearing. A mandatory protection order goes into effect automatically in every Colorado criminal case involving Domestic Violence allegations.
Charged with Domestic Violence in Weld County? Call O’Malley Law Office Today!
Domestic Violence charges in Weld County carry serious, lasting consequences, from restrictions on firearm possession to impacts on child custody and immigration status. Anyone facing these charges should understand how the process works and speak with an attorney as early as possible.
If you’ve 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 Gustavo Fring