About Colorado’s Mandatory Arrest for Domestic Violence

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.

When law enforcement responds to a domestic violence call, their hands are often tied by Colorado’s domestic violence mandatory arrest laws. These laws require officers to arrest someone if there is probable cause to believe domestic violence has occurred between intimate partners. This is an important distinction because “domestic violence” isn’t just any fight or disturbance at home—it has a specific legal meaning involving spouses or intimate partners and must be connected to control, intimidation, or retaliation.

How Does Mandatory Arrest for Domestic Violence Cases Work?

If police are called to a home where an incident between intimate partners is reported, and they find probable cause, such as visible injuries, broken property, or violation of a protection order, they shall arrest the alleged aggressor. This is not optional if the evidence meets the threshold. The idea is to prioritize victim safety, but this sometimes leads to arrests even in complex, emotionally charged situations where the actual dynamics are less clear.

Many clients come to us confused or frustrated because they were arrested despite calling 911 for help. For example, if one spouse is intoxicated and acting out, the other may call police just to calm the situation. But when the officers arrive and see signs of disturbance, maybe a shove, broken objects, or yelling, they are required to arrest the person they believe started it. This automatic arrest can happen even if the incident was more about managing a situation than actual control or punishment.

Protection Orders and the Immediate Consequences

After an arrest, a protection order typically goes into effect immediately. This order prohibits the accused from contacting or harassing the alleged victim and may require them to leave the home. It also triggers serious legal consequences, such as the temporary loss of firearm rights. The accused cannot bond out immediately without acknowledging the protection order in court, which is a crucial legal step.

Why Understanding Domestic Violence Mandatory Arrest Laws is Important

Understanding how mandatory arrest works helps clients set realistic expectations. Arrests are often just the beginning of a complex legal process where evidence, motives, and relationship history play a big role. Having competent legal counsel from the outset is vital to navigate these early steps and protect your rights.

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, Mandatory Arrest is Required 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.