If you’ve been arrested or accused of Domestic Violence in Fort Collins or Loveland, Colorado, you’re likely feeling overwhelmed, confused, and concerned about your future. Domestic Violence charges carry immediate and serious consequences that begin even before you’ve had your day in court. At O’Malley Law Office, we’ve helped countless clients navigate the complexities of Colorado’s Domestic Violence laws. Here’s what you should know if you’re facing these allegations.
What Is Considered Domestic Violence in Fort Collins, Colorado? A DV Defense Attorney Explains
Many people are surprised to learn that “domestic violence” isn’t a standalone crime in Fort Collins, Colorado. Instead, it’s a sentence enhancement attached to other offenses like Assault, Harassment, or Criminal Mischief when they’re committed against someone with whom the accused has had an intimate relationship.
According to C.R.S. 18-6-800.3, an “intimate relationship” includes:
- Current or former spouses
- Current or former dating partners
- Co-parents (regardless of whether you ever lived together)
A heated argument that results in a damaged phone or a threatening text message can lead to a Domestic Violence charge under Colorado law.
Mandatory Arrest and Protection Orders in Loveland Domestic Violence Cases
Colorado is a mandatory arrest state for Domestic Violence. That means if law enforcement has probable cause to believe a Domestic Violence offense occurred, they must arrest the accused, even if the alleged victim doesn’t want charges filed. After arrest, the accused will then appear before a Larimer County judge or magistrate to have a bond hearing. At this hearing, a Mandatory Protection Order will be entered. There are various conditions that can be imposed, including no contact with the alleged victim, not being able to return home, and no alcohol consumption.
Larimer County DV Defense Lawyer: Common Domestic Violence Charges in Colorado
Some of the most common charges that can carry the Domestic Violence sentence enhancer:
- Assault (1st, 2nd, or 3rd degree)
- Harassment
- Criminal Mischief (e.g., breaking a phone or window)
- Menacing (threatening someone with harm)
- Violation of a Protection Order
- Stalking
A Fort Collins Domestic Violence Attorney Explains: Can Domestic Violence Charges Be Dropped?
The alleged victim does not have the authority or power to drop charges because they are not the one who pressed the charges. A law enforcement agency, like the Fort Collins Police or Larimer County Sheriff, determine if there is probable cause for an arrest based on the statements the parties make and any physical evidence. Even if the victim is vehemently stating that they don’t want the arrest, it does not matter. In Colorado, once a Domestic Violence case is filed, only the prosecutor has the authority to drop charges—and they rarely do so without strong legal justification. That’s why having an experienced defense attorney is crucial.
If you or someone you love has been charged with a Domestic Violence crime, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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