Domestic Violence

Alexis explains: "a lot of victims of domestic violence are actually improperly charged, and they're charged as the perpetrator."

Alexis explains: "a question that our clients commonly ask when they're facing domestic violence charges is will the case get dismissed if the named victim recants or in other words takes back what they said the short answer to this question is no"

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Right Law Group's guide explains: "Colorado Domestic Violence is a serious charge. If you are in danger or have been falsely accused, it is important to seek legal help immediately."

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Alexis explains: "I take on people who, if they've been a victim of domestic violence, a lot of victims of domestic violence are actually improperly charged, and they're charged as the perpetrator. But what happens is the criminal justice system isn't set up to thoroughly dig into these cases and see what's going on."

Alexis explains: "if you're thinking hey if the victim can't will it get dismissed the answer is no again it's very important to contact a criminal defense attorney to talk about the specific nuances in your case and the fact pattern that you are experiencing but the short answer is no victims recanting does not equal a dismissed dv conviction or dismissed db charge"

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Alexis explains: "One of the most problematic things you can do after a domestic violence arrest in Colorado isn't staying silent. It's trying to be reasonable and attempting to talk your way out of situation."

Right Law Group's guide explains: "Are you in a tough spot right now, facing domestic violence charges that could potentially harm your relationship with your kids?"

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Alexis explains: "So basically what happens is when a domestic violence incident is reported, or an alleged domestic violence incident is reported, the moment that report comes in, the situation is officially out of the hands of the named victim, or the person making the report. So let's say for example, if we have a husband and wife situation, and the husband calls the cops on the wife and says, this is happening, she threw a cup of my head, I need you all to come over here and break this up. The husband's not intending to have anything happen other than separation, he's not trying to get her in trouble."

Alexis explains: "So can you get in trouble for breaking your own things? In other words, can you be charged for domestic violence? criminal mischief offense if you're breaking your own things? Unfortunately, in the state of Colorado, the answer is yes."

Zoe explains: "So in Colorado, domestic violence is defined as an act or threaten act of violence upon a person whom the actor is or has been involved in an intimate relationship with where the act of violence is used to gain or maintain power and control over the other person."

Alexis explains: "So unfortunately, what we see happening is people will call and ask for, like, basically a separation, if often that happens when people are drinking and people get into fights. We've all we've all been in relationships that aren't the best and you get into arguments. But what will happen is a lot of the times we see the cops being called to break up an argument, and then it results in someone getting charged when the spouse did not want their spouse to go to jail didn't want them to be charged."

Alexis explains: "Sometimes people will intrude domestic violence incidents, they will break things as an act of control over the other person. So one of the most common things that we see is, If a couple is arguing, one spouse will grab something that someone bought for them. So let's say it's some kind of knickknacks and they say, you bought this for me and it doesn't mean anything anymore, and then they'll break it that's doing that act is them trying to control the situation and trying to hurt the other person emotionally."

Alexis explains: "That's why it's crucially important that you hire a criminal defense attorney specialized in working on domestic violence cases to help walk you through this process and make sure that you get through this successfully."

Alexis explains: "The actual definition of what domestic violence is is someone exercising power and control over another person in an intimate relationship setting. An intimate relationship doesn't even mean that you're having sex."

Alexis explains: "the first and easiest one is general denial so if someone is saying hey this thing happened and the other person is saying no it didn't what you would typically think of as a he said she said situation our approach is general denial now it really supports our case if we have additional information or additional evidence to support our general denial and we'll go into kind of what types of evidence are useful in domestic violence cases in a moment but general denial is the most common"

Alexis explains: "the issue is when domestic violence is alleged in any kind of case and law enforcement in the district attorney's office becomes involved the driving force behind the case moves from the reporting witness or the alleged victim onto the state in other words if you have someone who calls the police after an argument and they say that there's some situation that may involve domestic violence and the police begin to investigate at that point it's actually out of the victims hands"

Alexis explains: "the vra stands for victims rights act it's a colorado constitutional amendment that says victims have rights in domestic violence cases just as much as defendants have rights victims have protected rights too now it's not the same type of rights and i want to go through what those rights are but in essence what it means is if someone is an alleged victim in a case they have the right to be heard they have the right to know what's happening in the case and they have the right to be kept informed throughout the progress of the case"

Alexis explains: "there are ways that cases can be dismissed in colorado springs for example there is a process called a ppir which is a pre-plea investigative report where you can actually talk to a counselor and see what the underlying situation entailed in a given case to see if it actually was an act of domestic violence but just the idea of a victim recanting a statement does not result in an automatic dismissal in fact i have never seen a victim recanting a case and then the d.a dismissed ultimately what happens is the district attorney has to do their own investigation to determine what happened"