You will need to either get a civil assist from your local sheriff’s department or seek a court order.
What Happens If The Alleged Victim Recants Allegations Of Domestic Violence Against Me? Will My Case Be Automatically Dismissed?
No, not necessarily. Once the District Attorney’s office or the City Attorney’s office decides to press charges based on the allegations in the police report, those charges are now in the state’s hands or the city’s municipality, depending on where you were charged. It is up to the prosecutor to dismiss those charges. If an alleged victim wants those charges dismissed and does not wish to pursue the case, they can express that directly to the prosecutor. However, that does not mean that the prosecutor will dismiss the case.
Is An Order Of Protection Or Restraining Order Automatically Put Into Place Once Charges Related To Domestic Violence Are Filed In Colorado?
If you are charged with a crime of domestic violence in Colorado, you have to go into custody on a no-bond hold until you see a judge to set a bond. At that time the Court will also issue a mandatory protection order. So, no matter how minor the domestic violence offense is, that individual would have to go into custody until a bond is set and a protection order issued.
The first time that an individual would be in front of a judge on a crime of domestic violence is when you would get an automatic protection order put in place under a Title 18 crime. Any time an individual gets charged with a crime under Title 18, which is our criminal code in Colorado, an automatic mandatory protection order goes into place at the first appearance in front of a judge.
Is Self-Defense A Viable Defense In A Domestic Violence Related Case?
Yes, and it depends on the charges and the circumstances whether or not you would have a self-defense claim. Self-defense can be considered an affirmative defense to a crime. An affirmative defense of self-defense is available for crimes like assault.
For more information on Having A Pending DV Case In Colorado, a free 30 minute consultation is your next best step. Get the information and legal answers you are seeking by calling (720) 943-6606 today.
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