Denver Domestic Violence Cases Can Be Complicated By Restraining Orders

Denver Domestic Violence Cases Can Be Complicated By Restraining Orders

23
Jan
2012
Posted by: rosenthallaw  /   Category: Criminal Law   /   No Comments

Denver domestic violence incidents can rip apart families, lead to criminal charges and causes parents and children to become separated.

Often police officers called to a house where domestic violence is reported or if there is a 911 hang-up are tasked with making a decision with little evidence. Denver criminal defense lawyers have seen many people arrested for domestic violence even when both claim to be the victim.

The bottom line is that no officer wants to report to a house where there is fighting, leave and get called back later only to find out that a person has been severely beaten or, worse, killed. So, they often have pressure to make an arrest, regardless of how much evidence is present at the scene.

And domestic violence incidents are often he said/she said battles that are coupled with scratches and bruises that are indications of a verbal argument that turned into a physical fight. When both sides claim to be the victim and there are no other witnesses who saw what happened, what does an officer do? In most cases, they arrest the man.

In Colorado Springs recently, a standoff ended with a man being wanted on charges of domestic violence and child abuse, the Gazette reports. According to the newspaper, the 42-year-old was in a fight with his wife when he allegedly assaulted her as their 6-year-old begged him to stop.

The girl called 911 and he chased her. Once police arrived, the man had gone back into the house. When they were able to get in, they discovered that he had left the house. He is now wanted as officers took out a warrant for his arrest.

In many cases, victims attempt to get a Denver restraining order against the person they accuse of assaulting them. It is simple to get an order, as the person must only go to court and convince a judge to sign one. Once a temporary order is in place, the person must show that the defendant was served with the paperwork and told of an upcoming hearing. At the hearing, it is critical that parties are represented by experienced lawyers in order that the true facts come out. A permanent order can result in a person being kicked out of their house or told they can’t see their children without risking an arrest.

Jeremy Rosenthal
Denver DUI and Criminal Defense Attorney, Jeremy Rosenthal aggressively defends DUI cases, medical marijuana related legal issues, and criminal defense cases. The Law Firm of Jeremy Rosenthal - Denver, Colo

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Jeremy Rosenthal
Denver DUI and Criminal Defense Attorney, Jeremy Rosenthal aggressively defends DUI cases, medical marijuana related legal issues, and criminal defense cases. The Law Firm of Jeremy Rosenthal - Denver, Colo