DUI defense

Domestic Violence Laws Defined By Criminal Defense Attorneys

In Colorado, domestic violence is a serious infraction. These crimes lead to fear and potential physical harm. Law enforcement takes measures to enforce domestic violence laws for these purposes. Criminal Defense Attorneys help defendants fight against false allegations or negotiate a plea for a lesser punishment.

What is Domestic Violence?

Domestic violence is physical, emotional, and mental abuse by a household or family member. The law covers these exchanges between spouses, romantic partners, siblings, and roommates. The laws add an additional penalty to assault, coercion, and intimidation. They identify this infraction based on an intent to harm physically, mentally, or sexually.

Who is Protected Under These Laws?

Anyone who lives with or has lived with the attacker is protected. The laws apply to former spouses and romantic partners. It also applies to emancipated teens and children who left home after becoming an adult. Former roommates are included when there is a previous history of violent or erratic behavior.

What is an Order of Protection?

An order of protection is a court order provided through DUI defense after reports of domestic violence. This order applies conditions that prevent harm. They include the prohibition of visiting the home and places where the victim works or visits frequently. The purpose of the order is to keep the victim out of harm's way.

The conditions could prohibit the use of alcohol or controlled substances. They include conditions imposed by the court to protect children during a divorce case. This could include conditions applicable to supervised visitation.

The defendant listed in these proceedings incurs criminal penalties for violations. This includes but not limited to trespassing, harassment, and stalking. Repeated physical assault or endangerment could result in a denial of bail or release until after the trial.

Assessing Criminal Penalties for These Infractions

The penalties for domestic violence depend upon the infraction itself. Defendants who are guilty of heinous crimes could receive a prison sentence at the court's discretion. They may also be required to enter drug or alcohol treatment programs. Anger management is a common requirement in combination with domestic violence counseling. The laws could also initiate the deportation process if the defendant is in the country on a visa.

In Colorado, law enforcement and the court combine strategies to keep victims safe. Unfortunately, some victims are, in fact, the attackers in some cases. A criminal defense attorney builds a case for individuals who are accused falsely of these allegations. Defendants may hire an attorney by contacting Rogers and Moss today.