Being accused of Domestic Violence is overwhelming. Many people in Fort Collins, Loveland, Estes Park, Wellington, Timnath, and other Larimer County communities have never been in trouble before and are shocked by how fast these cases move.
Below are answers to some of the most common questions about Domestic Violence cases in Larimer County, Colorado.
What Is Considered Domestic Violence in Colorado? A Larimer County DV Attorney Explains
In Colorado, Domestic Violence is not a separate criminal charge. Instead, it is a sentence enhancer that can be added to many underlying offenses when the alleged victim is an intimate partner.
An “intimate partner” can include:
- A current or former spouse
- Someone you live with or used to live with
- A person you share a child with
- Someone you are or were in a dating or intimate relationship with
Common underlying charges include Assault, Harassment, Menacing, Criminal Mischief, and Violations of Protection Orders.
Will I Go to Jail for a Fort Collins Domestic Violence Charge?
Not necessarily, but jail is always a possibility.
Outcomes depend on:
- The specific charge
- Whether there are prior Domestic Violence cases
- Alleged injuries or use of force
- Compliance with court orders
In many Larimer County cases, first-time offenders may qualify for alternatives to jail, such as probation or treatment, but each case is different.
What Is a Mandatory Protection Order (MPO) in Loveland Domestic Violence Cases?
In every Domestic Violence case in Fort Collins, Loveland and Estes Park, Colorado, the court issues a Mandatory Protection Order immediately.
An MPO typically includes:
- No contact with the alleged victim
- No harassment or intimidation
- No possession of firearms or weapons
- Stay-away provisions from home or workplace
Violating an MPO is a separate criminal offense, even if the alleged victim wants contact.
Can the Alleged Victim Drop DV Charges?
No.
Domestic Violence cases are prosecuted by the Larimer County District Attorney, not the alleged victim. Even if the alleged victim does not want to proceed, the case can, and often does, move forward.
Only the prosecutor can dismiss charges, and only the judge can modify a protection order.
Will a Domestic Violence Charge Affect My Gun Rights?
Yes, potentially.
Domestic Violence cases often include:
- Immediate firearm surrender requirements
- Long-term firearm restrictions if there is a conviction
Federal law can also permanently prohibit firearm possession following certain Domestic Violence convictions.
Do I Have to Complete Domestic Violence Treatment?
If there is a conviction or plea, the court will almost always require:
- A Domestic Violence Offender Management Board (DVOMB)-approved treatment program
- No contact or monitored contact conditions
- Compliance with probation requirements
These programs can be lengthy, expensive, and time consuming.
Can a Domestic Violence Case Be Dismissed or Reduced?
Yes, depending on the facts.
Possible outcomes may include:
- Dismissal due to lack of evidence
- Reduction to a non-DV offense
- Deferred judgment
- Alternative sentencing or probation
Early legal representation can significantly impact whether Domestic Violence allegations stick.
Should I Talk to Police or the Alleged Victim?
No.
You should not speak to law enforcement without an attorney, and you should not contact the alleged victim while a protection order is in place, even if they reach out to you first.
Seemingly harmless conversations can lead to new charges.
What Should I Do If I’m Charged with Domestic Violence? Advice from a Larimer County DV Lawyer
- Follow all court orders exactly
- Avoid contact with the protected party
- Do not discuss the case with anyone except your lawyer
- Contact a Larimer County criminal defense attorney immediately
The early stages of a Domestic Violence case are often the most important.
If you or someone you love has been charged with a Domestic Violence case, 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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