Can domestic violence charges be dropped in Colorado? The short answer is no – at least, not in the way many people might think. A “no-drop” policy in Colorado makes it difficult, if not impossible, to drop charges of domestic violence once filed. This is a tough approach to assure accountability and hopefully protect the victim. If you are in Greeley, Colorado, and have been charged with domestic violence, the attorneys at our firm can assist you through the process and help in defending your rights.
Under C.R.S. §18-6-800.3, domestic violence in Colorado refers to acts or threats of violence against someone in an intimate relationship. It also covers behaviors like harassment, coercion, or intimidation when used to exert control or punishment.
Domestic violence charges are not independent but, instead, an enhancer penalty. It increases the punishments of other crimes, which include assault, harassment, or stalking if it is related to an intimate relationship. This legal approach ensures harsher consequences for offenders.
An “intimate relationship” is defined as a relationship between spouses, former spouses, current or former partners, or co-parents. The relationship does not need to involve sexual intimacy. Courts in Colorado use this definition to determine whether domestic violence charges apply.
Domestic violence can be treated as either a misdemeanor or a felony, depending on the offense. For example, harassment is normally treated as a misdemeanor, while assault can be bumped up to a felony. Second and further offenses are usually punished more harshly.
Convictions can lead to significant consequences, including jail time, probation, mandatory domestic violence treatment programs, and loss of firearm rights under federal law. Additionally, individuals may face challenges in securing housing or employment due to their criminal record.
Colorado follows a mandatory arrest policy for domestic violence cases. This means that if law enforcement has probable cause to believe a crime involving domestic violence occurred, they are required to make an arrest. This policy underscores the seriousness with which the state treats these cases.
If accused, you may be taken into custody and required to appear before a judge for a mandatory restraining order hearing. This restraining order may prohibit contact with the alleged victim and restrict your ability to return home. A criminal defense attorney can help challenge the evidence and protect your rights.
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While many people hope charges will be dropped, the decision is not up to the victim. Colorado’s strict “no-drop” policy ensures that once charges are filed, they proceed to prosecution.
No, victims cannot drop charges. Once an arrest has been made and charges are filed, the decision to prosecute rests with the district attorney. This policy helps prevent coercion or pressure on victims to recant their statements.
Prosecutors can technically dismiss charges, but they are generally reluctant to do so without compelling evidence of innocence. They are bound by Colorado’s “no-drop” policy, which prioritizes pursuing domestic violence cases to ensure public safety.
The “no-drop” policy requires prosecutors to proceed with domestic violence cases, even if the victim does not wish to cooperate. This approach recognizes that victims may face intimidation or emotional conflicts, which could lead them to request the charges be dropped.
Under Colorado’s mandatory prosecution rule, once charges are filed, the case moves forward unless there is clear evidence that prosecution would be unjust. This ensures that victims receive protection and that offenders are held accountable.
Even if a prosecutor decides to reduce or dismiss charges, the final decision lies with the judge. They review the circumstances and ensure any dismissal aligns with Colorado law.
If you or someone you know is facing domestic violence charges in Greeley, Colorado, it’s crucial to have experienced legal representation. Our attorneys understand the complexities of these cases and will fight to protect your rights. Call us today at (970) 353-0000 or visit our office at 822 7th Street, Suite 530, Greeley, CO 80631, to schedule a consultation. Let us help you navigate this challenging time.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.