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Free Guide to Hiring a Family Lawyer
Domestic violence refers to a pattern of behaviors used by one person to gain or maintain power and control over an intimate partner or family member. In Denver, Colorado, domestic violence can include physical assault, sexual assault, threats, stalking, harassment, emotional abuse, economic control, and coercive behaviors. The legal system provides both criminal and civil remedies - criminal charges pursued by prosecutors and civil protection orders issued by courts - to address harm and protect victims.
Denver residents access domestic violence remedies through local law enforcement, the Denver District Court and Denver County Court systems, and victim services run by government and nonprofit organizations. Colorado state law governs the substantive definitions and procedures, and local agencies implement those laws in Denver.
Domestic violence matters often involve high stakes - personal safety, criminal charges, child custody, housing, employment, and long-term legal records. You may need a lawyer in situations such as:
- Facing criminal charges for alleged domestic violence or related offenses - a criminal defense attorney can protect your rights and build a defense.
- Seeking a civil protection order to prevent continued abuse, remove an abuser from a shared residence, or secure temporary custody or parenting time - an attorney can help prepare evidence and represent you in hearings.
- Contesting a protection order that another party has obtained against you - a lawyer helps present your response and safeguard your rights.
- Navigating child custody, child support, spousal maintenance, or divorce issues where allegations of domestic violence affect the outcome.
- Preserving or presenting evidence - lawyers know what documentation and witness statements are most persuasive to prosecutors and judges.
- Seeking expungement, sealing, or mitigating long-term consequences of an arrest or conviction.
Key legal aspects to understand in Denver and Colorado generally include the following.
- Criminal law and prosecution: Domestic violence can result in misdemeanor or felony charges depending on the severity of the conduct, injuries, prior convictions, use of weapons, or sexual offenses. The Denver District Attorney handles criminal prosecutions for incidents occurring in Denver.
- Civil protection orders: Colorado courts can issue protection orders to prohibit contact, order the abuser to stay away from the home, school, or workplace, and address temporary custody or possession of property. Courts can grant emergency temporary protection orders ex parte in situations involving immediate danger, and later hold a full hearing where both sides present evidence.
- Law enforcement response: Police can place arrests when there is probable cause to believe domestic violence occurred. Victims may receive referrals to victim advocacy services at the time of an incident.
- Evidence and hearings: Courts and prosecutors rely on medical records, photos, 911 calls, text messages, emails, social media posts, witness statements, and prior reports. Early preservation of evidence helps both criminal and civil proceedings.
- Impact on family law: Allegations of domestic violence influence custody and parenting time determinations. Judges prioritize child safety and may issue orders limiting contact or imposing supervised visitation.
- Interstate enforcement: Protection orders entered in Colorado are generally recognized and can be enforced in other states under federal and state laws, which helps protect victims who relocate.
- Fees and access to court: Victims seeking protection orders can often file without paying fees, and courts may provide accommodations for safety and confidentiality.
Domestic violence includes physical harm, threats of harm, sexual violence, stalking, harassment, repeated intimidation, economic control that prevents a person from meeting basic needs, and other behaviors intended to control or coerce an intimate partner, household member, or family member. If you feel threatened or controlled, the behavior may qualify.
You can go to the appropriate court - often the Denver County Court or Denver District Court - and ask to file for a protection order. If you are in immediate danger, you can request an emergency temporary protection order without the other party present. The court will schedule a full hearing where both sides can present evidence before a longer-term order is issued.
Police may arrest when they have probable cause to believe an act of domestic violence occurred. Arrests are fact-specific and depend on evidence at the scene, witness statements, and injury. If you are in danger, call 911 and inform the dispatcher that the incident involves domestic violence.
Yes, a protection order can include provisions that require the restrained person to vacate a shared residence or stay away from specified locations such as home, work, or school. Courts balance property and housing rights with immediate safety needs when drafting orders.
Court-ordered protections can influence custody and parenting time arrangements. Judges focus on child safety and may restrict unsupervised visitation, impose supervised visitation, or set other conditions if domestic violence is shown to put a child at risk. Separate family court proceedings may address long-term custody issues.
Duration varies depending on the type of order and the judge's decision. Emergency temporary orders are short-term until a full hearing. After the hearing, a longer-term protection order may be issued for a specified period. Orders can sometimes be extended or modified based on changed circumstances.
Yes, protection orders issued in Colorado are generally recognized and enforceable in other states. Law enforcement across state lines may enforce the order, which provides continuity of protection if you relocate.
You are allowed to file for a protection order without a lawyer. However, an attorney can help you prepare evidence, navigate court procedures, and represent you at hearings. Victims with complex safety, housing, or custody issues often benefit from legal representation.
Civil protection orders are controlled by the court, and a judge will decide whether to modify or dismiss an order. In criminal cases, the prosecutor represents the state and generally decides whether to continue charges even if a victim asks to drop them. Courts and prosecutors consider public safety and evidence when making these decisions.
Useful evidence includes photos of injuries, medical records, 911 call records, police reports, text messages, emails, social media posts, voicemails, threatening letters, witness statements, and any records of property damage. Preserve receipts for related expenses and document dates, times, and details of incidents in a secure place.
If you need help, consider contacting local and state resources that provide legal, safety, and advocacy assistance. Helpful types of organizations and agencies include:
- Local domestic violence shelters and crisis centers in Denver that offer emergency housing and safety planning.
- Victim services units within the Denver District Attorney's Office and the Denver Police Department for case assistance and referrals.
- Statewide advocacy organizations such as Colorado-based coalitions that offer information, training, and referrals for survivors.
- Legal aid programs and pro bono legal clinics that handle domestic violence matters, family law, and protection orders.
- Community counseling and mental health services that specialize in trauma and domestic violence recovery.
Reach out to local courts to learn about fee waivers, court advocates, and safety accommodations available during filings and hearings.
If you or someone you know is experiencing domestic violence, consider these immediate and practical steps:
- Ensure immediate safety - if you are in danger, call 911 right away.
- Preserve evidence - save photos, messages, medical records, and any other documentation of abuse in a secure place.
- Consider filing a protection order - go to the court clerk in Denver County or district court and ask about emergency or full protection orders.
- Contact victim advocacy services - they can help with safety planning, court accompaniment, and understanding options.
- Consult an attorney - for criminal defense, family law, or help obtaining a protection order, seek an attorney experienced in domestic violence cases. Explore local legal aid and pro bono options if you have limited funds.
- Make a safety plan - think about safe places to go, trusted contacts, and steps to protect children, pets, and essential documents.
Legal situations involving domestic violence can be urgent and complex. When in doubt, prioritize safety and reach out to local victim services, law enforcement, or legal aid organizations for immediate assistance and guidance tailored to your circumstances.
