Domestic Violence Defense in Cortez, CO
Domestic violence allegations create immediate and severe consequences before you even set foot in court. Colorado's mandatory arrest laws mean that once police arrive at a domestic incident, someone is going to jail regardless of what either party wants. A mandatory protection order gets issued automatically, prohibiting you from returning home, contacting your partner, or seeing your children. Your guns must be surrendered immediately. These restrictions happen before any hearing, before any evidence is presented, and before you have a chance to tell your side. Barrie Newberger King has defended domestic violence cases in Montezuma County for over 11 years and understands how these charges affect families. Contact NewbergerKing Law immediately to protect your rights.
The Reality of Mandatory Arrest Laws
Colorado requires law enforcement to make an arrest when they respond to a domestic violence call and have probable cause. Officers don't get discretion—they must arrest someone, even if both parties say nothing happened or if the alleged victim doesn't want charges filed. The officer decides who appears to be the primary aggressor based on limited information. People acting in self-defense sometimes end up arrested because of this judgment call.
Once arrested, you cannot bond out until the alleged victim has an opportunity to be heard at a bond hearing. The prosecutor's office must consult with the alleged victim before offering plea agreements, though only the prosecutor can decide whether to pursue the case.
How Protective Orders Complicate Your Case
A mandatory protection order is issued automatically. This order prohibits all contact with the alleged victim and requires you to surrender any firearms immediately. You cannot return to a shared residence, even to collect belongings. You cannot contact your partner through any means—no phone calls, texts, emails, or messages through third parties. Violating this order, even accidentally, results in additional charges.
These orders create particular hardship when children are involved. You may be unable to see your children or participate in custody exchanges. School events, medical appointments, and daily parenting routines become impossible. Later requests to modify the order require court approval.
Defending Against False or Exaggerated Claims
Not every domestic violence allegation reflects what actually happened. Custody disputes motivate some people to fabricate or exaggerate incidents. Arguments involving yelling but no physical contact sometimes get characterized as domestic violence. Minor physical contact during an argument gets described as assault.
Barrie examines all evidence to identify inconsistencies. She reviews police body camera footage, interviews witnesses, and looks for contradictions in statements. Medical records, text messages, and social media posts often reveal the true nature of what occurred. Self-defense is a valid legal defense when the evidence supports your version of events.
The Impact on Your Family and Future
Domestic violence convictions carry consequences beyond criminal penalties. You lose your right to possess firearms permanently, which ends careers in law enforcement, military service, and security. Professional licenses can be suspended or revoked. Child custody cases are heavily influenced by domestic violence findings. Courts view these allegations seriously when determining parenting time and decision-making responsibilities.
Building Your Defense from Day One
Colorado fast-tracks domestic violence cases, meaning your trial date will come quickly. Barrie begins building your defense immediately by gathering evidence, interviewing witnesses, and reviewing documentation. She evaluates whether proper procedures were followed during your arrest and whether the protection order was lawfully issued. In cases involving false allegations, she investigates the accuser's motivations—pending divorce proceedings, custody disputes, or relationship conflicts that might explain why false claims were made. Contact NewbergerKing Law for a confidential consultation about your case.