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Domestic Violence Charges-By Andrew Nolan Attorney at Law

By Peters & Nolan, LLC on August 30, 2013

Being charged with a domestic violence offense serious and can affect the rest of your life if you are convicted.   Domestic violence is a classification that is attached to an underlying crime, such as assault, harassment, trespassing, false imprisonment, criminal mischief, stalking, or obstruction a telephone service.  When the alleged victim and the accused are involved in an “intimate relationship” or have been in the past, virtually any criminal offense can be classified as domestic violence.

A domestic violence charge is also a sentence enhancer, meaning that it is the description of the circumstances under which another offense was committed that causes the sentence of that underlying offense to become harsher.

What is important to note about domestic violence cases is that the law requires that police make an arrest whenever they have probable cause to believe that an act of domestic violence has occurred.  If you are arrested for domestic violence, you will be taken into custody and you will remain there until you go before a judge so that a bond may be set.  In most cases, a protection order will also be issued prohibiting the accused from having any contact with the alleged victim. 

Some employers will not hire a person that have a domestic violence conviction on their record.  For example, a person convicted of domestic violence will likely be involuntarily discharged from the military and not allowed to re-enlist.  Occupations in the medical field and education are also likely to be effected.  Furthermore, being convicted of domestic violence also means that you can never own or possess a firearm or other dangerous weapon, even if it was only a misdemeanor charge.

Once a charge of domestic violence has been brought against a person, you are fighting an uphill battle.  Even if the alleged victim admits that, they were not a victim of domestic violence, the alleged victim will then become what is known as a “recanting victim” and will not dissuade the District Attorney from pursuing the case against you.  The alleged victim cannot “drop the charges” the fact of the matter is that the decision to bring charges lies with the prosecutor and not the alleged victim. 

If you have been arrested or charged with a domestic violence offense, it is important that you contact a Grand Junction defense attorney immediately.  We have handled hundred of domestic violence cases and can help you to.  Call us today for a free consultation.

 

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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