About Colorado Mandatory Arrest Laws

Criminal Defense - Casey D. Kane

TLDR:

  • Mandatory Arrest: In Colorado, police must arrest a suspect if they have probable cause to believe domestic violence occurred, regardless of the victim’s wishes.
  • Domestic Violence Classification: Domestic violence is not a standalone crime but a sentencing enhancement added to underlying charges like assault or harassment.
  • No-Drop Policy: Once charges are filed, they cannot be dropped even if the victim recants or declines to cooperate.
  • Protection Orders: An automatic protection order is issued against the accused, restricting contact with the alleged victim during the case.

Domestic violence is a crime that is treated seriously in Colorado, and is defined as an act of violence or the threat of an act of violence on an individual with whom the perpetrator has been involved in an intimate relationship. The requirements of police officers when they encounter situations of domestic violence differs from state-to-state. Colorado law dictates officers’ obligations and powers.

Across the United States, police officers generally have the power to conduct an independent evaluation of an incident prior to deciding to make an arrest. If you or a loved one has been charged with domestic violence, it is important to ensure that your rights are protected, and the experienced Colorado Springs family attorneys from Rodemer | Kane are available to review your case – get in touch right away.

For Instances of Domestic Violence, Arrest is Mandatory in Colorado

Not all states have the same laws in place concerning what officers are required to do when they believe there is probable cause that domestic violence has occurred. As detailed by the Office of Justice Policy, when it comes to domestic violence states generally follow one of three arrest requirements:

  • Arrest is mandatory
  • Arrest is preferred
  • Arrest is at the discretion of the officer

In the state of Colorado, the mandatory arrest policy means that an officer must make an arrest when there is reasonable cause that domestic violence has occurred. Through Colo. Rev. Stat. Sec. 18-6-803.6(1), a police officer is mandated to arrest an individual if there is “(p)robable cause to believe a crime of domestic violence was committed.”

Domestic Violence is Not an Independent Crime in Colorado

Being arrested for domestic violence does not mean that the charge against the individual is solely domestic violence. Rather, domestic violence is a sentencing enhancement or aggravator, which means the individual arrested may be charged with assault and battery with a domestic violence enhancement. Once charges are initiated they cannot be halted, even if the alleged victim doesn’t want to press charges or tries to withdraw them. While domestic violence charges are pending, a protection order is taken out against the alleged perpetrator, impacting their day-to-day life significantly.

Connect with a Colorado Springs Criminal Defense Attorney for Help on Your Situation

Being charged with domestic violence can lead to costly proceedings and life-altering outcomes. Ensuring that your rights are protected throughout the process is essential, and a local Colorado Springs criminal defense attorney with experience in family law and how domestic violence impacts these relationships can help. We can evaluate your situation and advise how we can help get the charges dropped. Contact us online to schedule a consultation.

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