Colorado Sex Crime Attorney Blog

When a Domestic Violence Victim Wants a Domestic Violence Case Dismissed

Posted by Kyle B. Sawyer | Sep 23, 2016 | 0 Comments

In Colorado Domestic Violence cases, often a Domestic Violence victim wants a case dismissed. Read more in our blog.
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Domestic Violence, C.R.S. 18-6-800.3, has a definition which includes an act or threatened act of violence upon someone you are or have been in an intimate relationship with. It can also include any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation or revenge directed against the person you are or have been in an intimate relationship with. When men and women are arrested for Domestic Violence in Colorado, it's usually because their current or prior significant other called police in the heat of the moment during a fight or argument. In many Domestic Violence cases, the alleged Domestic Violence victim later regrets calling police and wants the person arrested to be let go and have the criminal case dismissed altogether. They recant their claims of sexual contact or other allegations. Unfortunately, these options are typically not possible in Denver and across Colorado. The government takes Domestic Violence cases seriously and rarely shows any empathy towards those involved in a criminal case. They do not care that a conviction will hurt children or the family.

Domestic Violence Cases With Sexual Assault Claims in Arapahoe and Adams County Rarely Get Dismissed

When an alleged victim makes an allegation of sexual abuse including Domestic Violence in Arapahoe or Adams County, Colorado, it becomes the government's case. It's not just between the alleged victim and the defendant. The prosecutors will use the alleged victim's accusations to prosecute the defendant, and will make a case as to why the alleged victim changed their mind about the defendant's conduct. They may argue the victim feels pressured to change their story and is lying so the defendant (their loved one) can come home or get out of jail. Or, Domestic Violence Victim's Advocates tell the victims that getting a case dismissal is not possible. Police and prosecutors focus on what the alleged victim said when making the initial allegation, and do not shift mindsets just because the victim no longer wants charges to be filed.  It is hard to take back a false allegation or exaggerated claims.

Domestic Violence With Sexual Contact Consequences in Douglas and Jefferson County

If you are found guilty of a Domestic Violence crime in Douglas or Jefferson County, you will not be able to possess a firearm or gun due to a mandatory protection order or restraining order. Additionally, you may lose custody of your children or have them placed under Human Services supervision. In some cases, Social Service workers threaten to take your children away if you request that your spouse be let out of jail or that charges against you are dropped. It is not easy to back out of a sexual based Domestic Violence case after an allegation has been made, even if the alleged victim regrets making the accusation against you. There are many destructive consequences that come with a DV accusation. Because of this, it's always best to involve an experienced criminal defense attorney to represent you. Do not give statements to police. Our criminal defense lawyers will work tirelessly to protect your job, your family, your firearm rights and freedom. Call today to set up a free initial consultation and protect your future.

Request a Free Consultation

If you or a loved one is facing Domestic Violence charges in Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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