Wheat Ridge Domestic Violence Lawyer
A domestic violence arrest in Wheat Ridge sets off a chain of consequences that starts before you ever see a courtroom. A mandatory protection order goes into effect, potentially forcing you out of your own home. The Jefferson County District Attorney’s office takes over the charging decision, and even if the person who called police no longer wants to pursue the matter, prosecutors can move forward without them. Wheat Ridge domestic violence lawyer Reid DeChant handles these cases with the understanding that what is at stake is not just a criminal conviction but a person’s housing, custody rights, immigration status, and ability to possess a firearm.
What the Mandatory Arrest Policy Means for Your Case
Colorado law requires police to make an arrest whenever there is probable cause to believe domestic violence has occurred. Officers responding to calls in Wheat Ridge do not mediate. They do not let the couple sort it out. They look for signs of injury, statements from both parties, and anything that helps them decide who the primary aggressor was. That determination, made in minutes at the scene, shapes the entire trajectory of the case.
Once arrested, the defendant appears before a judge for advisement, and a mandatory protection order is imposed. This order typically prohibits contact with the alleged victim and, if you share a home, prohibits you from returning to it. That situation can last weeks or months, even if the charge is minor and even if the other person wants you home. The protection order exists independently of the criminal case and must be addressed separately.
Prosecutors in Jefferson County are trained to handle cases where the complaining witness recants or refuses to cooperate. They have access to body camera footage, recorded 911 calls, officer observations, photographs, and medical records. They use these to build cases that do not require the alleged victim’s testimony at trial. Understanding that dynamic matters when deciding how to approach a defense strategy.
Charges That Come With a Domestic Violence Tag in Jefferson County
Domestic violence in Colorado is not a standalone charge. It is a sentence enhancer and a designation applied to underlying offenses when the act is committed against someone with whom the defendant has an intimate relationship. That includes current and former spouses, people who share a child, cohabitants, and dating partners.
The underlying charges in Wheat Ridge cases range widely. Third-degree assault, which covers knowing or reckless bodily injury, is among the most common. Harassment, which can be charged as a misdemeanor for conduct like shoving, following, or repeated unwanted communication, carries the domestic violence designation as often as any charge. Felony menacing involves placing someone in fear of serious bodily injury by threat or use of a deadly weapon. Strangulation is charged as a felony under Colorado law and carries serious prison exposure. False imprisonment, criminal mischief, and violations of protection orders all appear frequently in Jefferson County’s domestic violence docket.
The domestic violence designation itself adds consequences beyond the underlying offense. It triggers mandatory treatment through a certified domestic violence program, requires forfeiture of firearms, and creates a federal prohibition on possessing firearms upon conviction. For someone whose work involves firearms, including law enforcement or military personnel, a conviction is career-ending in a very direct way.
How These Cases Actually Get Resolved or Contested
Defense in domestic violence cases is not one-size-fits-all. Some cases turn on whether the alleged victim’s account is consistent with the physical evidence. Others hinge on self-defense, particularly when both parties have injuries or when the person arrested was actually the one who called 911. Still others involve credibility disputes where the history between the parties and the context of the relationship becomes central to what a jury would believe.
Reid DeChant handles domestic violence cases at trial. The results listed on this website include a strangulation charge dismissed by the DA at trial, a felony menacing charge dismissed upon a court motion, and a third-degree assault and false imprisonment case that resulted in a not-guilty verdict. These outcomes required understanding how to challenge the prosecution’s narrative, not simply how to negotiate a plea.
When trial is the right path, storytelling matters. At Trial Lawyers College, Reid trained specifically in how to bring a client’s full human story into a courtroom, because a jury that understands who a person actually is weighs evidence differently than one presented with a police report and a charge sheet. Domestic violence cases often involve complicated relationships, imperfect facts on both sides, and a narrative that the prosecution has shaped from the moment officers arrived on scene. Unraveling that narrative in front of a jury is a skill, not a formula.
For cases where the evidence is strong and trial carries too much risk, there are other avenues. Some domestic violence charges in Jefferson County can be resolved in ways that avoid a conviction on the record. Deferred judgments, plea negotiations that remove or modify the domestic violence designation, and dismissals following completion of conditions are all outcomes that appear in this practice area. What is available depends heavily on the specific facts, the strength of the state’s evidence, and the prosecutor’s position.
Questions People in Wheat Ridge Are Actually Asking
Can the charges be dropped if my partner does not want to press them?
The decision belongs to the prosecutor, not the alleged victim. Jefferson County’s domestic violence unit pursues charges independently. The complaining witness can refuse to cooperate, but prosecutors can and do proceed using other evidence, including body camera video, recorded calls, officer testimony, and photographs. If your partner wants to help your case, their position can be communicated to the DA and may influence charging decisions, but it does not end the case automatically.
What happens to the protection order while my case is pending?
The mandatory protection order is issued at your first court appearance and stays in effect unless modified by a judge. Violating it is a separate criminal charge. If it is preventing you from accessing your home or your children, there are motions that can be filed to request modifications. These motions are not always granted, but in the right circumstances they can provide meaningful relief during the pendency of the case.
Will I lose custody of my children because of this charge?
A domestic violence arrest and the accompanying protection order can directly affect parenting time, especially if the alleged victim is the other parent. Family court in Jefferson County takes domestic violence allegations seriously when evaluating parenting plans. A criminal conviction with a domestic violence designation will carry more weight than a mere arrest. How the criminal case is resolved can have a significant downstream effect on the family law proceedings.
How does a domestic violence conviction affect my ability to own a firearm?
Under federal law, a conviction for a misdemeanor crime of domestic violence permanently prohibits firearm possession. Colorado law adds its own restrictions. This consequence applies regardless of whether the underlying charge was a misdemeanor or felony. For many clients, this is the consequence that concerns them most, and it is one reason why fighting the charge or avoiding a domestic violence designation in a plea matters so much.
What if the alleged incident was mutual, and I was the one who called for help?
Dual arrests happen, but officers typically identify a primary aggressor and arrest that person. If you called 911 and ended up arrested, the circumstances surrounding who initiated contact, who had injuries, and what witnesses said all become important. Self-defense claims are viable in domestic violence cases when the facts support them. Those facts need to be developed through careful investigation early in the case.
Can a domestic violence conviction be sealed from my record in Colorado?
Colorado’s record sealing laws have expanded in recent years, but domestic violence convictions face restrictions. An arrest that did not result in a conviction may be sealable. A conviction with a domestic violence designation generally is not eligible for sealing under current law. This makes the outcome of the criminal case particularly consequential for anyone concerned about background checks, employment, or housing.
Is a public defender an option if I cannot afford private representation?
Public defenders handle enormous caseloads and are committed professionals, but caseload volume is a reality. Reid DeChant began his career as a public defender in Denver, Broomfield, and Adams County, which means he understands both the system and what clients gain from having counsel with the time and capacity to invest fully in their case. If private representation is financially feasible, the difference in available time and resources tends to show up in the preparation and strategy a client receives.
Talk to a Domestic Violence Defense Attorney in Wheat Ridge
Time matters in these cases. Evidence disappears, protection orders cause real harm to families, and early intervention in the charging process can change how a case develops. DeChant Law serves clients facing domestic violence charges in Wheat Ridge, throughout Jefferson County, and across the surrounding Denver metro area. If you are dealing with a domestic violence arrest or a pending charge, a Wheat Ridge domestic violence attorney at DeChant Law is available to evaluate your situation and talk through what the facts actually mean for your defense.