Englewood Domestic Violence Lawyer
A domestic violence arrest in Englewood sets off a chain of events that moves fast and leaves little room for error. Within hours, a mandatory protection order is in place. Within days, you may be barred from your own home, separated from your children, and looking at criminal charges that carry consequences far beyond what most people expect. Reid DeChant at DeChant Law has handled these cases from both sides of the courtroom, first as a public defender and then in private practice, and he understands exactly what is at stake when the government steps in between you and your family. If you need an Englewood domestic violence lawyer, the time to get counsel in place is now.
What Colorado Law Actually Classifies as Domestic Violence
Colorado does not have a freestanding “domestic violence” criminal charge. Instead, domestic violence is a sentence enhancer, a designation applied to an underlying offense when the alleged victim is a current or former intimate partner. That means an assault charge, a harassment charge, even a criminal mischief charge involving a broken phone or a damaged door can be prosecuted as a domestic violence case the moment that designation attaches.
The practical effect is significant. Colorado has a mandatory arrest statute. When officers respond to a domestic disturbance and find probable cause that a crime occurred involving intimate partners, they must make an arrest. They cannot give a warning and walk away. They cannot defer to the alleged victim’s preference. The decision is out of everyone’s hands once that threshold is crossed.
Arapahoe County, which handles cases originating in Englewood, prosecutes these charges seriously. The Arapahoe County District Attorney’s office has prosecutors specifically assigned to domestic violence cases, and they are not in the habit of dismissing charges simply because the complaining witness changes her or his mind. The case belongs to the state, not the victim, and understanding that distinction is essential from day one.
The Mandatory Protection Order and What It Means for Your Daily Life
At first appearance, the judge will issue a mandatory protection order. This is not optional and is not based on a finding of guilt. It is automatic. Depending on the terms, it may prohibit you from returning home, contacting your partner, seeing your children, or possessing firearms. Violating a protection order is itself a criminal offense, even if the protected party invites contact.
For many people, this is the most immediately disruptive part of a domestic violence arrest. Jobs that require a security clearance can be affected. CDL holders and licensed professionals face separate licensing consequences. Parents navigating existing custody arrangements may find a family court judge influenced by the criminal case. The criminal charge and the protection order together can reshape your living situation overnight.
Reid works with clients to address protection order terms at the earliest opportunity, including pursuing modifications where the circumstances warrant it. The sooner that process starts, the sooner your daily life can stabilize while the criminal case works its way through the system.
How Domestic Violence Cases Are Actually Charged and Tried in Arapahoe County
The Arapahoe County courthouse handles a significant volume of domestic violence cases from Englewood and the surrounding communities. These cases follow a predictable procedural path: arrest, first appearance, advisement, preliminary hearing or arraignment, pretrial conferences, and eventually either a plea resolution or trial. But within that structure, the details vary enormously depending on the specific charge, the evidence, and the history of the parties involved.
Evidence in domestic violence cases often comes from 911 call recordings, officer body camera footage, medical records, photographs taken at the scene, and statements made to police. Statements made in the heat of the moment, sometimes by both parties, form a significant part of what prosecutors work with. The alleged victim’s cooperation is one variable, but it is rarely the only one.
Colorado’s hearsay rules contain an exception that allows certain out-of-court statements made by victims to come in at trial even if the victim is unwilling to testify. This means a recanting witness does not automatically mean a dismissed case. It means the defense has to engage directly with the evidence that exists, and that requires someone who has tried these cases in front of a jury, not just resolved them at the plea stage.
Reid has taken domestic violence cases to trial and won. That track record matters because it changes the dynamic in negotiations. Prosecutors know whether a defense attorney will actually take a case to trial or whether they will fold at the first offer. That knowledge affects what kind of resolution is on the table.
Collateral Consequences That Follow a Domestic Violence Conviction
A domestic violence conviction in Colorado carries consequences that extend well past any jail sentence or fine. Federal law prohibits anyone convicted of a domestic violence misdemeanor from possessing firearms. That prohibition applies permanently and affects not just private ownership but any job requiring a firearm. Law enforcement, military, security, and many government positions become inaccessible.
Immigration status is another serious concern. A domestic violence conviction can trigger deportation proceedings for non-citizens, including lawful permanent residents. The interaction between Colorado criminal law and federal immigration law in these cases is technical and consequential. It is something Reid considers from the beginning of a case, not as an afterthought at sentencing.
Child custody and divorce proceedings are also directly affected. A domestic violence finding in a criminal case will likely be raised in any parallel family court matter. Even if the criminal case resolves through a deferred judgment or plea that avoids a formal conviction, the factual record created during the criminal proceeding can carry weight in civil proceedings.
Questions Clients Ask About Domestic Violence Cases in Englewood
The alleged victim told police she doesn’t want to press charges. Does that end the case?
No. In Colorado, the decision to prosecute belongs to the district attorney, not the alleged victim. Prosecutors in Arapahoe County handle these cases with or without victim cooperation. The victim’s position may influence how the case proceeds, but it does not automatically result in dismissal.
Can I go home after I post bond?
Not necessarily. The mandatory protection order issued at first appearance may prohibit you from returning to a shared residence, regardless of whose name is on the lease or mortgage. Violating that order, even with the other party’s encouragement, results in a new criminal charge. This has to be sorted out through the court, not through a private agreement between the parties.
What is a deferred judgment and does it make sense in a domestic violence case?
A deferred judgment allows a defendant to plead guilty, complete a probationary period and required treatment, and then have the conviction vacated from the record if all conditions are met. In domestic violence cases, Colorado requires completion of a 36-week domestic violence treatment program as a condition. It keeps a conviction off the record but involves real obligations over a long period. Whether it is the right resolution depends heavily on the specific charges and individual circumstances.
Will this affect my gun rights?
Yes, potentially on a permanent basis. Federal law prohibits anyone convicted of a domestic violence misdemeanor from possessing firearms. This applies even if the underlying charge was a misdemeanor assault or harassment. It is one of the reasons that how a domestic violence case resolves matters as much as whether it resolves.
What happens to my custody arrangement while the case is pending?
The protection order may directly restrict contact with your children, or it may allow contact through a neutral third party. Any existing parenting plan may be modified in family court based on the criminal proceedings. Reid coordinates with family law counsel where necessary to make sure the criminal defense strategy accounts for what is happening on both fronts.
How long does a domestic violence case in Arapahoe County typically take?
Misdemeanor domestic violence cases often resolve within a few months, though contested cases or those that go to trial take longer. Felony charges carry longer timelines. The specific trajectory depends on the charge, the evidence, and whether the case resolves through negotiation or goes to trial.
Does the mandatory domestic violence treatment program apply even if I’m not convicted?
The treatment program is a condition of certain resolutions, including deferred judgments and some probationary sentences. It is not automatically required for everyone charged. Whether and when it applies depends on how the case resolves.
Talk to Reid DeChant Before the Case Gets Away from You
The days immediately following a domestic violence arrest are the ones where decisions get made that cannot be undone. Protection orders get issued. Statements get made. Evidence is collected. Having an Englewood domestic violence attorney in place at the start means those early stages are handled with a clear strategy rather than improvisation. At DeChant Law, Reid approaches every domestic violence case with the attention it actually requires, from the first hearing through whatever resolution makes sense for the client’s situation. Reach out to start a conversation about where your case stands.