Domestic violence is an unfortunate reality for people all throughout the United States. The reason that domestic violence is such a problem is that the guilty party is usually the partner of the victim and they still feel too much emotional attachment to that person to call the police and get them arrested. They may also feel fear. They may worry about that person will react when they find out, so they keep the emotional and physical bruises hidden away. The first step to getting out of this kind of situation is to get the proper help, which usually starts with a helpline and/or the police. Here are the top three things you need to know if your partner is arrested on domestic violence charges.
An Arrest is Mandatory
Colorado criminal statutes require the police to arrest “without undue delay” whenever they have probable cause to believe that domestic violence has occurred. You do not get to pass go and collect $200. You must go directly to jail. The law states “the arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer’s station for booking.”
There’s No “Get Out of Jail Free” Card
With a domestic violence charge, you cannot be released on a bond until the prosecutors consult with the victim. Domestic violence is a “Victim Rights Act” case. The prosecutor cannot dismiss the charges without consulting with the victim and cannot release you from jail on a bond without consulting with the victim. If you are arrested on Friday, most likely you will be jail until Monday because the prosecutor must at least attempt to contact the victim before a bond is set.
Plea Bargaining Can Be Difficult
A domestic violence charge cannot be reduced or changed to a non-domestic violence charge unless the prosecutor stated on the record they cannot establish a preliminary case and the judge accepts that statement.
Get in Touch With a Denver Domestic Violence Attorney
The arrest of a spouse can be very difficult no matter what the situation that led to the arrest was. The domestic violence attorneys at Divorce Matters can help you as your family moves forward after these events. Give us a call today at 720-542-6142.