Monument Domestic Violence Lawyer
A domestic violence charge in Monument carries weight that extends far beyond the courtroom. Colorado’s mandatory arrest laws mean that once law enforcement responds to a call, an arrest is very likely to follow, regardless of what actually happened. The accusation alone can trigger a protective order that removes you from your home, separates you from your children, and follows you into custody proceedings, background checks, and employment reviews. Reid DeChant at DeChant Law has defended domestic violence cases at trial, secured dismissals, and obtained not guilty verdicts in these situations. This page explains what people charged in and around Monument actually need to know about how these cases work in Colorado.
What Colorado’s Domestic Violence Designation Actually Means
In Colorado, domestic violence is not a standalone criminal charge. It is a sentence enhancer, a designation applied to an underlying charge such as assault, harassment, criminal mischief, or even menacing, when the alleged offense involves someone with whom the defendant has an intimate relationship. That distinction matters more than most people realize.
The underlying charge determines the severity of the offense. The domestic violence tag adds mandatory consequences on top of it. Colorado law requires courts to order a domestic violence evaluation and treatment program upon conviction. A conviction also triggers federal firearm prohibitions under the Lautenberg Amendment, meaning even a misdemeanor conviction can permanently bar someone from owning or possessing a firearm. That consequence hits military personnel, law enforcement officers, hunters, and anyone who keeps a firearm at home particularly hard.
Monument sits in El Paso County. Cases originating in Monument are typically handled through the 4th Judicial District, which includes both Colorado Springs and the surrounding communities. The prosecutors and judges in that district have significant experience with domestic violence cases, and the prosecution approach tends to be firm. Knowing the local court culture, and knowing when and how to push back effectively, is part of what competent defense in this jurisdiction requires.
The Mandatory Arrest and No-Drop Prosecution Problem
Colorado’s mandatory arrest statute removes a lot of discretion from responding officers. When police respond to a domestic disturbance call and find probable cause to believe a crime occurred, they are generally required to make an arrest. The alleged victim does not decide whether an arrest happens. The officer does.
This creates a predictable pattern. Disputes escalate, someone calls 911, and by the time the situation has calmed down, one person is being taken away in handcuffs. Sometimes the arrested person is the one who actually called for help. Colorado’s statute attempts to address this with dual arrest provisions, but the reality is that arrests in domestic situations are common even when the underlying facts are disputed, ambiguous, or outright false.
After an arrest, the decision to prosecute belongs entirely to the district attorney’s office, not to the complaining party. Colorado follows a no-drop policy in domestic violence cases. Even if the alleged victim recants, refuses to cooperate, or submits an affidavit of non-prosecution, the DA can still move forward using other evidence: 911 recordings, officer body camera footage, photographs, medical records, or prior incident history. Defense strategy in these cases has to account for this reality from the beginning.
Protective Orders and the Immediate Impact on Your Life
One of the first things that happens after a domestic violence arrest is the issuance of a mandatory protection order. In Colorado, this order goes into effect at the defendant’s first court appearance and typically prohibits contact with the alleged victim and any children in the home. It can also require the defendant to vacate a shared residence, even if that person owns the property or pays the rent.
The protection order remains in place throughout the entire criminal case, which in El Paso County can take months. During that time, someone might be paying rent or a mortgage on a home they cannot enter, dealing with an emergency custody arrangement they had no say in, and trying to maintain a job while managing regular court dates.
Violating a protection order is itself a criminal offense, a class 2 misdemeanor in most circumstances. That means a single well-intentioned text message or a chance encounter at a grocery store can result in a new charge layered on top of the original one. Anyone subject to a protection order in Monument needs to understand exactly what it prohibits and take it seriously, even when the restrictions feel unreasonable.
Defenses That Actually Come Up in These Cases
Domestic violence cases are not automatically lost because an arrest happened. Reid has obtained not guilty verdicts and case dismissals in domestic violence matters, and the results listed on DeChant Law’s case history include a strangulation charge dismissed at trial by the DA, a felony menacing case dismissed on motion, and third degree assault and false imprisonment charges resulting in not guilty verdicts at trial.
What determines whether a defense works is the specific facts. Some things defense attorneys actually examine in these cases: whether the alleged victim’s account is consistent across all statements made to police, medical personnel, and prosecutors; whether physical evidence corroborates or contradicts the claimed version of events; whether the defendant acted in self-defense against an aggressor; whether the charge arises from a false or exaggerated account motivated by custody or property disputes; and whether law enforcement followed proper procedures in the investigation, including how evidence was collected and preserved.
Storytelling matters in a courtroom. Reid’s training at Trial Lawyers College focused on exactly that, on understanding the human element of a case and presenting it in a way that makes sense to a jury. A client’s full story, not just the legal arguments, is part of what gets told at trial.
Questions People Ask About Monument Domestic Violence Charges
Can the charges be dropped if the alleged victim doesn’t want to proceed?
Not automatically. The district attorney’s office controls the charging decision. In Colorado, prosecutors can and do pursue domestic violence cases without the cooperation of the alleged victim. However, a reluctant or recanting witness can affect the strength of the prosecution’s case, and a defense attorney can work with that reality strategically.
What happens to my children while the protection order is in place?
Protection orders in domestic violence cases frequently affect contact with children in the household. Emergency custody arrangements can arise from a criminal protection order. Working with a defense attorney early can help address how the order is structured and whether modifications are possible through the court.
Does a domestic violence conviction affect my gun rights?
Yes. Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. This is a lifetime prohibition and applies regardless of whether the underlying Colorado charge was a misdemeanor. This is one reason that fighting the charge, or pursuing an outcome that avoids a domestic violence conviction, matters so much.
I was arrested in Monument but I live somewhere else in Colorado. Where does the case get filed?
The case is filed in the jurisdiction where the alleged offense occurred. Monument is in El Paso County, so the case would be handled through the 4th Judicial District Court, regardless of where the defendant lives.
What if I was the one defending myself?
Self-defense is an affirmative defense available in Colorado domestic violence cases. The facts matter significantly, including who initiated contact, whether the response was proportionate, and what evidence exists to support the account. This is one of the more common defenses in disputed domestic situations, and it requires careful development from the earliest stages of the case.
Can a domestic violence arrest be sealed from my record in Colorado?
Colorado’s record sealing laws apply in some domestic violence situations, particularly where charges were dismissed or the defendant was acquitted. Convictions are generally harder to seal. An attorney can evaluate your specific record and charges to determine what options exist under current Colorado law.
How long does a domestic violence case typically take in El Paso County?
It varies significantly based on the severity of the charges, whether the matter goes to trial, and the court’s docket. Cases that resolve through plea agreements may conclude in a matter of months. Cases that proceed to trial take longer. During that entire period, any protection orders issued at arraignment typically remain in effect.
Reid DeChant Defends Domestic Violence Cases in Monument and El Paso County
DeChant Law represents people facing Monument domestic violence charges at every stage, from the initial advisement through trial. Reid spent time as a public defender in Denver, Broomfield, and Adams County before moving to private practice, handling everything from misdemeanor assault to felony charges. He knows that a client facing domestic violence allegations is often dealing with the worst moment of their life, and that they need someone who takes their specific situation seriously, not just the legal file. If you are dealing with domestic violence charges in Monument or anywhere in the surrounding area, contacting DeChant Law gives you a direct conversation with an attorney who has tried these cases and will tell you honestly what you are facing.