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Legal concept

Mandatory Arrest Law

Colorado law requiring that if there is an allegation of domestic violence and probable cause that a domestic violence charge occurred, the person must be remanded and taken into custody immediately.

What Right Law Group attorneys say

What we have in Colorado is what's called a mandatory arrest law. So, when there is an act of domestic violence committed, there is a mandatory arrest. However, this is where it gets tricky for law enforcement officers. The law does not state that you must make an arrest no matter what.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Domestic Violence ChargesWatch clip ↗
a lot of the times what we're seeing is people are getting arrested for DV charges when they shouldn't have been at all.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains Domestic Violence ChargesWatch clip ↗
in the state of colorado there is a mandatory arrest law that says if there is an allegation of domestic violence and there's probable cause that a domestic violence charge has occurred the person must be remanded in other words they must be taken into jail taken into custody immediately there are no ifs and buts mandatory arrest laws says if there's a db charge and there's probable cause for it that person's getting arrested
Alexis Austin Litle · Are Domestic Violence Cases Fast Tracked In Colorado Springs? // Right Law Group #coloradoWatch clip ↗
what that means is we end up with a lot of people in jail who don't deserve to be in jail people with first-time offenses people with minor domestic cases that really should never have been an issue except for they were doing something they shouldn't have been like maybe they were yelling too loudly or they were they were texting too much you can be thrown in jail for a domestic violence charge for any a range of charges
Alexis Austin Litle · Are Domestic Violence Cases Fast Tracked In Colorado Springs? // Right Law Group #coloradoWatch clip ↗
anytime that you're charged with a domestic violence charge you must be seen in front of a judge in order to argue bond as quickly as possible the general rule of thumb is between 24 to 72 hours now technically it should be before 24 if there's any way possible but with the weekends and different docket loads it could take longer generally speaking though within the first three days that you are arrested you will be appearing before either a judge or magistrate in order to be given a bond the reason i say given a bond is because that mandatory arrest law in colorado exists you are placed on a no bond hold until a bond can be set in your domestic violence case
Alexis Austin Litle · Are Domestic Violence Cases Fast Tracked In Colorado Springs? // Right Law Group #coloradoWatch clip ↗
in the state of colorado there is a mandatory arrest law that says if there is an allegation of domestic violence and there's probable cause that a domestic violence charge has occurred the person must be remanded in other words they must be taken into jail taken into custody immediately there are no ifs and buts
Alexis Austin Litle · Are Domestic Violence Cases Fast Tracked In Colorado Springs? // Right Law Group #coloradoWatch clip ↗
View all 9 clips ›

Frequently asked questions

a lot of the times what we're seeing is people are getting arrested for DV charges when they shouldn't have been at all.

Alexis explains: "a lot of the times what we're seeing is people are getting arrested for DV charges when they shouldn't have been at all."

Answered by Alexis Austin Litle · Watch clip
anytime that you're charged with a domestic violence charge you must be seen in front of a judge in order to argue bond...

Alexis explains: "anytime that you're charged with a domestic violence charge you must be seen in front of a judge in order to argue bond as quickly as possible the general rule of thumb is between 24 to 72 hours now technically it should be before 24 if there's any way possible but with the weekends and different docket loads it could take longer generally speaking though within the first three days that you are arrested you will be appearing before either a judge or magistrate in order to be given a bond the reason i say given a bond is because that mandatory arrest law in colorado exists you are placed on a no bond hold until a bond can be set in your domestic violence case"

Answered by Alexis Austin Litle · Watch clip
Case Study: How a PTSD-Informed Defense Preserved a Military Career from a DV Charge in Colorado

Right Law Group's guide explains: "Key Findings: A Roadmap to Protecting Service and Future • The Lautenberg Amendment is a Career-Ender: A civilian domestic violence conviction triggers a lifetime firearm ban, making continued military service impossible."

Source · Read guide
domestic violence laws have become much more strict in colorado and we have what's called a mandatory arrest law so if s...

Alexis explains: "domestic violence laws have become much more strict in colorado and we have what's called a mandatory arrest law so if someone is charged or accused of committing an act of domestic violence there's a mandatory arrest there's no like getting a bond and paying a bond and not having to go to jail you are going to jail if you're charged with domestic violence part of that is there's also going to be a mandatory protection order issued"

Answered by Alexis Austin Litle · Watch clip
in the state of colorado there is a mandatory arrest law that says if there is an allegation of domestic violence and th...

Alexis explains: "in the state of colorado there is a mandatory arrest law that says if there is an allegation of domestic violence and there's probable cause that a domestic violence charge has occurred the person must be remanded in other words they must be taken into jail taken into custody immediately there are no ifs and buts mandatory arrest laws says if there's a db charge and there's probable cause for it that person's getting arrested"

Answered by Alexis Austin Litle · Watch clip
we have what's called a mandatory arrest law so if someone is charged or accused of committing an act of domestic violen...

Alexis explains: "we have what's called a mandatory arrest law so if someone is charged or accused of committing an act of domestic violence there's a mandatory arrest there's no like getting a bond and paying a bond and not having to go to jail you are going to jail if you're charged with domestic violence"

Answered by Alexis Austin Litle · Watch clip
what that means is we end up with a lot of people in jail who don't deserve to be in jail people with first-time offense...

Alexis explains: "what that means is we end up with a lot of people in jail who don't deserve to be in jail people with first-time offenses people with minor domestic cases that really should never have been an issue except for they were doing something they shouldn't have been like maybe they were yelling too loudly or they were they were texting too much you can be thrown in jail for a domestic violence charge for any a range of charges"

Answered by Alexis Austin Litle · Watch clip
What we have in Colorado is what's called a mandatory arrest law.

Alexis explains: "What we have in Colorado is what's called a mandatory arrest law. So, when there is an act of domestic violence committed, there is a mandatory arrest. However, this is where it gets tricky for law enforcement officers. The law does not state that you must make an arrest no matter what."

Answered by Alexis Austin Litle · Watch clip
when someone's arrested for an act of domestic violence they're immediately taken to the jail they're put into the jail...

Alexis explains: "when someone's arrested for an act of domestic violence they're immediately taken to the jail they're put into the jail and they're held there without bond until a hearing can be set because in colorado with domestic violence cases to protect domestic violence victims the domestic violence laws say that you have to have a hearing to see whether or not this person gets a bond"

Answered by Alexis Austin Litle · Watch clip

Each answer links directly to the source where a Right Law Group attorney addressed this question.

9 answers grounded in Right Law Group sources

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What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

Jacob D. Gannon Becker★★★★★Google verified
What changed

their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed

The result

get my case dismissed

Cristina W. Zoe Levesque★★★★★Google verified
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