Can Domestic Violence Charges Be Dropped in Colorado?

Domestic violence is a serious charge. If you are convicted of domestic violence in Colorado, you could face jail time, fines, and a permanent criminal record. If you have been arrested, it is important to understand the charges against you and what you can do to defend yourself. Unfortunately, it is not a defense for the victim to drop the charges or tell police or the prosecutor that they don’t want the defendant to be prosecuted. If you need help, don’t hesitate to contact us to schedule a free consultation. 

What is Domestic Violence?

Domestic violence is any act of violence or threat of violence against a family member or household member. In Colorado, domestic violence victims can be spouses, ex-spouses, siblings, children, parents, in-laws, roommates, and current or former partners.

Understanding Domestic Violence as an Enhancement to Other Charges In Colorado

First, it’s important to note that domestic violence in itself is not a separate charge in Colorado, but is instead an enhancement to other charges. While some states have distinct, individual charges for domestic battery, it is not a standalone crime in Colorado. Instead, there must be a charge for an underlying criminal action, such as assault or assault with a deadly weapon. The state brings a domestic violence enhancement to assault cases when an intimate relationship exists, or previously existed, between the alleged attacker and the victim.

Colorado criminal Code § 18-6-800.3. describes an “intimate relationship” as follows:

“…A relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child, regardless of whether the persons have been married or have lived together at any time.”

A domestic violence enhancement increases the penalties for a conviction for the underlying crime, and also requires the alleged perpetrator to attend a domestic violence treatment program and undergo monitoring.

The Consequences of a Domestic Violence Conviction in Colorado

A conviction for domestic violence in Colorado can have serious repercussions. You may be ordered to pay fines, serve jail time, and attend mandatory counseling sessions. You can also be required to surrender any firearms you own and will be placed on a statewide registry of domestic violence offenders. A domestic violence conviction can also make it difficult to find employment and housing.

In addition, if you are an immigrant or non-citizen, a domestic violence conviction can lead to deportation. If you have been charged with domestic violence, it is important to understand all the potential consequences before making any decisions about your case. This is why it is so important to hire an experienced criminal defense attorney who can help you understand your rights and options under the law.

How The Colorado Mandatory Domestic Violence Arrest Law Works

In most states, the decision of whether or not to arrest someone is usually left up to the discretion of the responding officer. However, under Colorado’s mandatory arrest law, if an officer responds to a domestic violence call and finds evidence that a crime has been committed, they must make an arrest. The officer does not have discretion to determine whether an arrest is warranted or necessary; if certain predetermined criteria is present, they must make an arrest.

The Alleged Victim Can’t Drop Domestic Violence Charges In Colorado

When the heat of the moment subsides, sometimes an alleged domestic violence victim changes their mind and wishes to drop the charges. Whether they were false allegations or not, once the Colorado criminal justice system brings charges against an alleged domestic violence perpetrator, only the prosecutor can drop the charges.

When the police arrive at the scene of a crime, the responding officers assess the scene to determine whether there is probable cause to believe that a crime occurred. After an arrest, the state prosecutor’s office determines the following:

• Whether to continue the prosecution
• If they should offer a plea agreement, or
• If they should dismiss the charges

Even if the alleged domestic violence victim wishes the state to drop the charges, the prosecutor may very well proceed with the case and pursue a conviction.

No Drop Policy

Colorado also has the “no-drop policy” for domestic violence cases. Prosecutors will not drop charges even if the victim does not want to press charges or changes their story. Prosecutors believe that domestic violence cases should not be settled between the two parties involved. The logic behind this policy is that victims of domestic violence are often pressured by their abuser to drop the charges or change their story.

While there are some clear advantages to Colorado’s “no-drop” policy for domestic violence charges, there are also some potential disadvantages. This policy can often result in innocent people being charged with a crime they did not commit because the “victims” are essentially prohibited from recanting their false allegations.

Additionally, this policy can put an incredible amount of pressure on victims of domestic violence who may already feel like they have no control over their situation. Prosecutions can drag on for months or even years, and victims may feel like they cannot move on with their lives until the case is resolved. In some cases, victims may even feel like they have to choose between cooperating with prosecutors and protecting themselves and their families from further harm.

Why Do Prosecutors Often Continue Colorado Domestic Violence Cases?

Colorado prosecutors often pursue convictions in crimes with domestic violence enhancements because the state considers domestic violence as more than a disagreement between two individuals, but as a public safety issue. Prosecutors and others involved in domestic violence cases understand and expect that some victims may recant their original statements or feel reluctant to testify in court. However, even if the alleged victim refuses to testify, the prosecutor may feel that they have sufficient evidence, such as the following:

• 911 recordings
• Police body camera footage
• Medical records
• Eyewitness testimony

A domestic violence enhancement to a charge of assault, damage to property, or injury to a pet doesn’t gain a dismissal based solely on the victim’s desire to have the charges dropped or their refusal to testify.

How Can a Domestic Violence Case Be Dismissed?

Although an alleged domestic violence victim cannot drop the charges, the prosecutor may choose to dismiss the charges under circumstances that are unfavorable to their case, such as the following:

• Insufficient evidence
• Inconsistent eyewitness statements
• Evidence that the actions were in self-defense

If there were investigative errors or procedural violations during the arrest, it would weaken the prosecution’s case, making it more likely that the state will drop the charges rather than face a strong defense in court.

If you have been charged with domestic violence, it is important to contact an experienced criminal defense lawyer in Colorado Springs who can help defend your rights and fight for a dismissal or acquittal.