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Domestic Violence

C.R.S. § 18-6-800.3

Domestic Violence (“DV”) charges in Colorado carry serious legal, personal, and family consequences. These cases are prosecuted aggressively and often involve complicated dynamics between partners, spouses, or family members. At Mile High Legal, we understand both the legal and human challenges these cases create — and we know how to fight for your rights.

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Charged with Domestic Violence? Now what?

When you’re charged with a crime, a thousand questions and concerns run through your mind. Below is a list of of some of the most frequently considered questions and answers surrounding a domestic violence charge.

What constitutes domestic violence in Colorado?

Domestic violence in Colorado is any act of violence, threat of violence, or coercion between intimate partners or spouses. It’s not a separate crime but an enhancing factor that applies to underlying offenses like assault, harassment, or criminal mischief.

If an officer has probable cause to believe a crime involving domestic violence took place, arrest is mandatory. You will be held without bond until you appear before a judge where a bond will be set and a mandatory protection order will be issued, which remains in effect throughout the case. The protection order (or “MPO”) will prohibit harassing and threatening behavior towards the victim, and will prohibit you from possessing guns throughout the case. The MPO may also prohibit contact with the named victim, and even require you to vacate the shared home and move out during the duration of the case. Finally, the MPO may also prohibit you possessing or consuming alcohol or controlled substances.

No. Once filed, only the prosecutor can dismiss domestic violence charges. Even if the alleged victim wants to drop the case or refuses to cooperate, the state can still proceed with prosecution using other evidence. In fact, this happens in a majority of DV cases – the victim recants and no longer wants to cooperate in the prosecution. The prosecutor will still move forward based on their initial statements to law enforcement or other evidence, like witness statements from neighbors, or confessions by the accused.

Yes. A domestic violence conviction, even for a misdemeanor, may result in a lifetime federal prohibition on possessing firearms or ammunition under federal law.

Penalties vary based on the underlying crime. However, domestic violence convictions require mandatory treatment programs, carry enhanced penalties for repeat offenses, and may include mandatory minimum jail sentences.

Absolutely not while a protection order is in place. Any contact, even if initiated by the alleged victim, violates the court order and can result in additional charges. All contact must go through your attorney.

If convicted, you must complete a court-approved domestic violence treatment program, which typically lasts 36 weeks and costs several thousand dollars. You cannot get probation without completing this program.

Domestic violence charges can significantly impact custody and visitation rights. Courts presume it’s not in a child’s best interest to have unsupervised contact with a parent who committed domestic violence.

Potentially, yes. An experienced attorney may identify weaknesses in the prosecution’s case, constitutional violations, or negotiate reduced charges depending on the circumstances and evidence.

Never accept a plea deal without consulting an experienced domestic violence attorney. Even seemingly minor domestic violence convictions have lifelong consequences including gun rights loss and immigration issues that must be carefully considered.

What Makes a Crime “Domestic Violence”?

Under Colorado law (C.R.S. § 18-6-800.3), a crime can be charged as domestic violence if it involves:

  • An intimate relationship between the parties (including current or former spouses, dating partners, or individuals who share a child together), and
  • Any crime against a person or property (not limited to physical violence).


This means that non-violent crimes — such as damaging property, harassment, or even threats — can be labeled as domestic violence if they occur in the context of an intimate relationship.

Mandatory Arrest in Domestic Violence Cases

Colorado is a mandatory arrest state for domestic violence allegations.

  • If police have probable cause to believe an act of domestic violence occurred, they are legally required to make an arrest.
  • This happens even in cases where the alleged victim does not want charges pressed.


This strict approach means many people are taken into custody before the facts are fully investigated.

Mandatory Protection Orders

Anyone charged with domestic violence in Colorado will be subject to an automatic protection order issued by the court. These orders:

  • Prohibit contact with the alleged victim.
  • Often include restrictions on communication, being at the same residence, or even seeing your children.
  • Prohibit possession of firearms and other weapons while the order is in effect.


These restrictions can cause serious disruptions to your daily life, family dynamics, and employment.

Collateral Consequences of a DV Tag

A domestic violence designation makes a criminal case more serious because:

  • It can increase sentencing penalties.
  • It requires completion of a court-ordered DV treatment program if convicted.
  • It carries lifetime consequences for gun rights under federal law.
  • It may affect custody rights, employment opportunities, and professional licenses.

The Human Impact

Domestic violence charges rarely affect just one person — they impact entire families.

  • A protection order may separate parents from their children.
  • Financial stability can be disrupted when one partner is removed from the home.
  • Allegations, even unproven, can damage reputations, relationships, and careers.


At Mile High Legal, we take into account not only the legal defense but also the real-world consequences these cases have on our clients and their families.

Domestic Violence Defense Strategies

Every DV case is unique, but strong defenses may include:

  • Challenging the “intimate relationship” designation (not every relationship qualifies).
  • Exposing false allegations motivated by divorce, custody disputes, or retaliation.
  • Demonstrating lack of intent (accidents vs. criminal acts).
  • Challenging probable cause in mandatory arrest situations.
  • Seeking modification of protection orders to minimize family hardship.

Why Choose Mile High Legal?

Our attorneys have successfully defended clients facing the full range of domestic violence charges — from misdemeanors to serious felonies — and have obtained dismissals, acquittals, and reductions.

We understand how stressful these charges can be, and we fight not only to protect your legal rights but also to minimize the impact on your family and future.