Colorado’s Mandatory Arrest Law for Domestic Violence
Colorado is one of about half of the U.S. states with a mandatory arrest law for domestic violence, when an officer determines that there is probable cause that the alleged violence occurred. While in other states, a police officer has a degree of discretion in determining whether or not to make an arrest, in Colorado, an arrest is inevitable if the officer sees any sign of abuse or violence. It’s essential to know how this mandatory arrest law can affect your domestic violence case in Colorado Springs.
When Does a Colorado Law Enforcement Officer Have to Make a Domestic Violence Arrest?
When an officer is dispatched to a domestic violence call, a crucial aspect of their task is to assess the situation for signs of violence. Under Colorado Revised Statutes § 18-6-803.6, an officer must make an arrest if they find probable cause. Examples include the following:
- Physical injuries, such as bruises, bleeding, scratches, black eyes, abrasions, or bite marks
- Defensive wounds on the hands and arms
- Strangulation symptoms, such as bruising or chafing around the throat, a hoarse voice, or tiny red dots on the face or in the eyes (petechiae)
- Damage or disarray at the scene, such as broken items, overturned furniture, broken glass, or weapons
- Visibly upset children, frightened or injured pets, or shaken observers
- One person dominating the conversation or answering for the other
Domestic violence refers to any violence between those who are or have been intimate partners. When an officer observes any of the above signs, with or without victim testimony, they must make an arrest or issue an arrest warrant. For the arrest to be mandatory, the domestic violence must have occurred within 72 hours of the call.
In addition to a mandatory arrest, the officer typically alerts a judge to issue protection orders for the victim.
Understanding a Domestic Violence Arrest In Colorado
Studies indicate that more than 40% of people experience domestic violence in their lifetime. Domestic violence in Colorado is not a stand-alone charge. Instead, it’s an enhancement to another charge, often in charges of assault or harassment. Because domestic violence victims often feel pressured or threatened to drop the charges, Colorado’s mandatory arrest law for domestic violence includes a no-drop policy. Even if the victim recants their allegations, wishes the charges dropped, or refuses to cooperate, the state cannot drop the charges.
The state’s stance on mandatory arrests in domestic violence cases asserts that this policy protects victims from the pressure to drop charges, helps deter future violent episodes, and protects the police department from liability should they drop domestic violence charges only to have the abuser commit further acts of violence against the victim.
How Can a Colorado Defense Attorney Help Me With My Domestic Violence Charges?
A conviction for a crime such as assault with a domestic violence enhancement has life-altering adverse consequences. A single heated moment may be misinterpreted or misrepresented, with consequences that could impact your entire future due to the state’s mandatory arrest law. If you’ve been arrested for domestic violence, you deserve a prompt, aggressive defense. Call Anaya Law Group for a personalized strategy. We’ll use our firm’s years of trial experience to represent you with dropped charges or an acquittal as our primary objective.