It’s not really difficult to be charged with Domestic Violence. In fact, all it takes is for one person to lose their temper, and a bystander to call the police. As an example of this, we’ll take a look at an incident which happened earlier this year with singer Paul Simon (famous as one of the half of the Simon and Garfunkel duo) and his wife. They were accused of Disorderly Conduct Domestic Violence – an easily charged offense in Fort Collins, Loveland, Estes Park, and across Larimer County.
Paul Simon: Charged with Disorderly Conduct Domestic Violence
Paul Simon and his wife, Edie Brickell are both well-known singers. But, they were in the news for a totally different reason than a new concert appearance: They were charged with Disorderly Conduct Domestic Violence. According to the news report, the police were called to their home, and found that Brickell had been drinking heavily, and the two were yelling at each other. In the past, the screaming had escalated to slapping. In other words – this couple was having a fight. In today’s world, fighting leads to Domestic Violence charges, which carry heavy consequences.
[pullquote align=”center” textalign=”center” width=”85%”]Disorderly Conduct DV charges are usually the result of a fight.[/pullquote]More about Disorderly Conduct Domestic Violence
Disorderly Conduct and Domestic Violence are two completely separate offenses. Let’s take a look at each one in order to sort out this story:
– Disorderly Conduct – C.R.S. 18-9-106, in Fort Collins
Disorderly Conduct is an extremely broad crime. It is charged whenever a public disturbance occurs, whether it is yelling at someone, fighting, firing a gun, or making too much noise. It is usually a petty offense, but in some cases, it is a class 2 or 3 misdemeanor.
– Domestic Violence – C.R.S. 18-6-800.3, in Fort Collins
Domestic Violence (DV) isn’t a crime in and of itself. Instead, it is a crime-enhancer which is attached to any crime that involves two people who have been in an “intimate relationship” (this definition is broad and has changed over the years – read a previous blog on this subject). DV can be added to any crime, such as Assault, Burglary, Criminal Mischief, or Trespassing.
What is the Sentence for a Domestic Violence Case in Larimer County?
There are a few added consequences when a person is convicted of a DV offense. First, a protection order will be put into place which doesn’t allow the two parties involved to meet or work out their problems. Secondly, a person convicted of a Domestic Violence crime will be required to go through Domestic Violence treatment. This treatment is overseen by the Domestic Violence Offender Management Board (DVOMB), and is one-size-fits-all. A woman who yells at her husband in public will receive the same treatment as a man who is physically abusive to his girlfriend. This expensive treatment must be paid for by the defendant, and must be completed with a certified DV treatment provider.
[pullquote align=”center” textalign=”center” width=”100%”]Restraining Order restrictions make reconciliation difficult.[/pullquote]Why You Need a Lawyer for Domestic Violence Cases
Paul Simon and Edie Brickell have been charged with Disorderly Conduct Domestic Violence. If they are convicted, they will be required to go through invasive treatment, and may be separated form each other under the terms of the restraining order. This makes it difficult to work through any marital issues they are having. If you have been charged with a DV crime, it is vital that you work with an exceptional criminal defense lawyer who understands the system. We know what judges are looking for, and we have a passion for helping our clients get the best possible outcome in their cases. You need the best Domestic Violence lawyers in Larimer, Jackson, and Boulder County fighting by your side.
If you or a loved one have been charged with Disorderly Conduct Domestic Violence or another DV case, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at our convenient downtown Ft. Collins office at 970-658-0007.
Together, we can protect your future.
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Photo Credits:
“Edie Brickell 1” by rufus – IMG_6786. Licensed under CC BY 2.0 via Wikimedia Commons.
“Paul Simon in concerto” by Matteo Menetti – Own work. Licensed under CC BY-SA 3.0 via Wikimedia Commons.