False accusations of domestic violence usually result in an arrest and incarceration
An individual who is in a relationship with another person may be accused of Domestic Violence in connection with any criminal offense where the other party to the relationship is identified as the victim. In other words, any crime against a partner or against property, including an animal, may be designated as an Act of Domestic Violence. The only requirement is that the act committed was used as a method of coercion, control, punishment, intimidation or revenge directed against the partner of an intimate relationship. The typical offenses that are designated as Acts of Domestic Violence include Assault, Harassment, Stalking, Criminal Mischief and Preventing the Use of a Telephone.
Domestic Abuse may be in the form of physical, emotional or sexual behavior. Expert testimony can be presented to describe behavior that may constitute Domestic Violence.
Colorado law also provides that evidence of other acts of Domestic Violence may be admitted into evidence in the prosecution of a new charge. The admission of such evidence may be very prejudicial to the Defendant especially if it involves a different person and/or different circumstances.
Upon a conviction for any act designated as Domestic Violence, the Defendant must submit to an Intake Evaluation for a Domestic Violence Offender Management Treatment Program. Such a program my require 36 weeks of classes.
False accusations of domestic violence usually result in an arrest and incarceration. The police are going to separate the parties to avoid the possibility of further confrontation or injury. However, there is no Domestic Violence unless the underlying charge is proven beyond a reasonable doubt. This should require more than angry words and accusations. An aggressive criminal defense attorney will review the evidence to determine whether or not the accusation is true or false and he will argue with the prosecutor and/or jury that the accusation is not proven beyond a reasonable doubt. The consequences of a Domestic Violence conviction will last a lifetime. If you are accused of any act of Domestic Violence, you need to contact Larry D. Combs as soon as possible.
To minimize the consequences of domestic violence and gain control of your life again, call me now (970-871-7400).
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"Angry people often exaggerate or say things they don't mean or are simply untrue. The defense attorney must educate the prosecutor and Judge of the truth and obtain a dismissal of the charge or an appropriate and fair disposition. "
-- Larry D. Combs
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