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Can I Get Probation for a Domestic Violence Charge?

By Peters & Nolan, LLC on August 10, 2021

Colorado law allows for alternative sentencing for some domestic violence convictions. A person who is convicted of a domestic violence offense may have the opportunity to avoid jail time altogether, or serve less time, by completing the terms of probation.

What are the Terms of Probation for Domestic Violence?

The conditions imposed on the person can include the requirement to regularly report to a probation officer, no drug or alcohol consumption, random drug tests, counseling, no possession of firearms, community service, and total compliance with a protective order. Supervised probation may last for months or years.

Jail or Prison Terms for Domestic Violence

A criminal charged can be enhanced when it involves domestic violence, including but not limited to these offenses:

The term of incarceration will reflect the underlying charge will be “enhanced.” The consequences can be significant, including jail or prison time, losing the right to possess a firearm, a protection order limiting contact or returning to your home, and mandatory counseling for months or years. The extent of the sentence will reflect whether the offense was a misdemeanor or a felony which involved physical harm.

What Can Your Domestic Violence Defense Lawyer Do?

The quality, skill, and ability of your criminal defense lawyer is critical if you hope to avoid a jail term. Negotiating the terms of the penalty can make a significant difference in your future freedom, your criminal record, your access to your children, or whether the case can be dismissed, or achieve an acquittal at trial. The prosecutor must prove the guilt of the accused beyond a reasonable doubt. Your defense attorney can challenge the evidence presented against you. Some of the defense strategies could include:

  • Self-defense: In some cases, the accused person was forced to defend against a physical attack.
  • False accusations: In a contentious divorce, one party may accuse the other of domestic violence to affect the outcome of custody arrangements or other aspect of marriage dissolution. In other cases, the accusations are made after a bitter relationship breakup.
  • The facts do not support the accusation: Evidence can be sought to establish the act of domestic violence did not occur by presenting witnesses or other information.

Domestic Violence (DV) Court

The DV Court is tasked with helping people achieve behavior and attitude changes that result in halting any inclination to engage in violent or threatening acts in intimate relationships. Participants in the DV Court programs include those who are convicted of either misdemeanor or felony domestic violence offenses. Eligibility to participate in these programs can include:

The individual’s criminal history, charges related to domestic violence, and convictions indicate the need for a focused program.

  • The individual considered high risk or high need.
  • The defendant is eligible for probation.
  • The individual is willing to participate and wants to change their behavior.

When You Need an Attorney…

If you are accused of committing an act of domestic violence, contact Peters & Nolan, LLC immediately. The early involvement of our domestic violence defense lawyer may be critical in your ability to get probation after being charged with any domestic violence offense. We represent the accused in domestic violence cases in Grand Junction and all of Mesa County. Exercise your right to remain silent when questioned by police or investigators, and ensure you are represented by an attorney who will protect your rights and interests at every phase of the legal process.

Call (970) 243-4357 today if you are accused of a domestic violence offense.

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Posted in: Domestic Violence

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Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.

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