blog Criminal Defense What to Do After a Domestic Violence Arrest

What to Do After a Domestic Violence Arrest

By Colorado Attorney-at-law on March 15, 2022

Domestic abuse is a serious offense in Colorado. Even if you are only charged with a misdemeanor, you may be facing stiff fines, community service, counseling, anger management and domestic violence classes, and up to 24 months in jail.

Colorado is a mandatory arrest state, so if the police are called for a domestic dispute, they are required to separate the couple and least one person is going to jail. If you are arrested for domestic violence, you will have to spend at least one night and jail and you will probably be prevented from returning home for at least seven days.

If this is a first offense, you are entitled to a bond that will get you out of jail. To protect your freedom, don’t accept any sentencing offers until you have spoken with an experienced criminal defense attorney.

What Is Domestic Violence in Colorado?

In Colorado, domestic violence is not its own criminal offense. It is a legal enhancement that increases penalties for other crimes.

You can be charged with domestic violence for any act of aggression against a current or former spouse or intimate partner, any person you are related to by blood or marriage, a person with whom you reside or have resided, a person with whom you have a child, or a person you are currently dating or have dated in the past.

Offenses that can be classified as domestic violence include:

  • Battery
  • Arson
  • Assault
  • Stalking
  • Kidnapping
  • Trespassing
  • Harassment
  • Sexual assault
  • Criminal mischief
  • Telephone obstruction
  • Destruction of property


Protecting Your Freedom

When you speak with your Summit County defense attorney, they will advise you about the best strategy for fighting the charges against you. Follow these steps to help minimize the consequence of your domestic violence arrest:

  • Follow your protection order. That means staying away from the person you are charged with abusing, their residence, the place where the alleged incident took place, and anywhere else you might encounter that person.
  • Secure your firearms. You will have to relinquish all firearms and ammunition while the case proceeds. The best solution is storing them with or selling them through a federally licensed firearms dealer.
  • Take pictures of your injuries. Have a friend or your lawyer do this.
  • Don’t talk to anyone but your lawyer about your case. Authorities will check your jail visitor’s log and phone records and they will question the people you talk to. And don’t mention your case or any details about it on social media.
  • Don’t delete any messages and save all receipts. You may be able to use them in your defense.
  • Seek treatment for anger and substance abuse issues. This will help prevent future personal and legal problems.
  • Document mental health issues that you may be experiencing or have experienced in the past.
  • Perform 24 hours of community service as soon as you can.
  • Don’t get arrested again and stay out of trouble.


Were You Arrested on Domestic Violence Charges in Breckenridge?

If you were arrested for domestic violence or any other criminal charges, you will want to speak with our experienced criminal defense lawyers at Whitaker & Penix, LLC. Our founding attorneys, Kylie Whitaker and Ehren Penix, are former prosecutors who have an in-depth understanding of Summit County’s courts.

We are aggressive in your defense and compassionate to your situation. Call us today at (970) 368-0602 for a FREE phone consultation so we can begin fighting for your future. We’re on your side.

Posted in: Criminal Defense