Bail for Domestic Violence

Denver Defense Lawyers Bail for Domestic Violence

Domestic violence is one of the most abused and over prosecuted laws on the books.
In most cases, Colorado law mandates that an arrest must be made once police respond
to a domestic violence call. The allegations are frequently made by a spiteful spouse,
often in the midst of a divorce or child custody case, and require almost no evidence.
Police officers are often permitted to enter your home without a warrant in search
of evidence of violence and the prosecution will likely move to suppress all evidence
against the alleged victim at trial.

To make matters worse, neither the court, nor the district attorney, can dismiss
the case – regardless of the evidence against you.

The Denver defense attorneys at Rosenthal & Heymann are absolutely committed
to aggressively defending clients charged with domestic violence throughout the
Denver area, Aurora, Englewood, Lakewood and Boulder. Defendants will often be held
in jail indefinitely, usually without an opportunity to post bail before making
an appearance in court. Since allegations are frequently made on the weekend, this
can mean several days in jail before your initial court appearance.

Under Colorado Domestic Violence Law:

• A 911 call for domestic violence cannot be cancelled. Interfering with a 911 call
  can be charged as a felony.
• An arrest must be made when domestic violence is alleged via a 911 call and you
  cannot be released at the scene with a court summons.
• Hospital or medical personnel also must report domestic violence and an arrest will
  be made.

If you have been released on bail before the hearing, it is critical that you show
up for the court appearance or you will severely damage any ability to mount a defense.
At your appearance, you should plead not guilty, at which time you should be released
on your own recognizance or allowed to post a reasonable bond.

Once you are charged with domestic violence, you are placed under the terms of an
automatic restraining order. This forbids you from having contact with the alleged
victim and can even prevent you from returning home. Our Denver domestic violence
attorneys will also seek to have these restrictions modified so that you can return
home, retrieve possessions, see your children or otherwise reclaim your rights.

Being convicted of domestic violence can result in the loss of your job, the inability
to hold certain jobs or professional licenses -- particularly for police officers,
prison guards or members of the military—and will prohibit you from owning firearms.

In fact, a domestic violence charge is among the most invasive of all criminal convictions.
Not only can it have a negative impact on a divorce or child custody matter, but
it will impact nearly every area of your life:

• Any violation of a restraining order will result in your being sent to jail.
• While under a restraining order, you are prevented from being in possession of a
  firearm or dangerous weapon. Violation is a federal offense punishable by a mandatory
  sentence of 5 years in prison.
• If you are convicted, the restraining order may be made permanent.
• Your name will be placed in the criminal databases of the state of Colorado and
  the FBI for life.
• A conviction may prevent you from working in professions where firearms are carried
  and may also prevent you from seeking some professional licenses, including medical
  licenses

If you are facing a domestic violence charge in Colorado, contact the Denver defense
lawyers at Rosenthal & Heymann today for a free and confidential consultation to
discuss your rights.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation