4. You
cannot be released, i.e., a summons issued in lieu of arrest, at the
scene of the alleged crime C.R.S.
§ 16-3-105 when domestic violence is involved.
5.
If one of the parties should seek medical treatment after a
dispute then doctors and hospitals are required C.R.S.
§ 12-36-135 to report the case to the police. However, if
the victim is male that often isn't done. Once reported, the other
party in the dispute will be arrested
regardless of any physical evidence. The statements of the party
seeking medical aid will not be questioned before the trial. Medical
evidence and prior history of the accuser, e.g., alcoholism, mental
instability, or pre-existing medical problems of the "victim"
will probably be suppressed by the prosecution during a trial.
6. Once
arrested, you will be held in jail for an indefinite period usually
without an opportunity to post bail before appearing before a
magistrate. Since domestic disputes often occur on a Friday evening,
this commonly means a weekend in jail and almost always at least a
night.
7. You
will eventually be given a hearing before a magistrate or judge.
If(?) you have been released on bail before the hearing, you must
show up in court or you will lose all future rights. It is strongly
recommended that you plead not guilty
at the hearing. Neither the court nor the district attorney can
dismiss the case regardless of how ridiculous the charges may seem
against you. Do not try and make any statement other than "Not
guilty." The court may require a bond or release you
on your own recognizance. If you have previously posted a bond and
you are released on your own recognizance you may ask to have the
bond lifted.
You may be
able to have some terms of the automatic restraining order against
you lifted or modified at the hearing, e.g., the no contact order
may be lifted so that you can go home again, depending on the
circumstances.
8. In
order to be released from jail you must sign a mandatory restraining
order C.R.S.
§ 18-1-1001. The restraining order will include C.R.S.
§ 18-1-1001 (3):
(a) An
order to vacate or stay away from the home of the victim and to stay
away from any other location where the victim is likely to be found;
(b) An
order to refrain from contact or direct or indirect communication
with the victim;
(c) An
order prohibiting possession or control of firearms or other
weapons;
(d) An
order prohibiting possession or consumption of alcohol or controlled
substances; and
(e) Any
other order the court deems appropriate to protect the safety of the
alleged victim.
9. From
the time the restraining order is imposed until it is cleared from
all databases it is a violation of Federal Law
18
U.S.C. § 922(g)(8 and 9) to purchase, acquire, or be in
possession of firearms or other dangerous weapons, e.g., swords,
grenades, explosives, ammunition, etc. This is
a felony with a mandatory minimimu
of 5 years in prison if convicted.
Collectors
items are held to be in this category as well. "In
possession" generally means in the same room as, or in close
proximity to. If you are visiting a friend and they have a gun
collection, you are in violation and could be sentenced to five
years (minimum) in prison.
Thus, if
you have a gun collection, swords, etc., have a friend or relative
collect them for you and remove them to storage in a place you do
not have access to until after you are sure the restraining order
has been lifted and your name removed from
the state and federal databases. That will usually require a
separate motion to the court or personally carrying a copy of the
court order of dismissal to a Colorado Bureau of Investigation
office.
As a
safety measure you should have a gun dealer run a check on you after
the order is dismissed to be absolutely sure your name has been
removed from all databases.
10. If, at
any time, you violate any of the terms of the restraining
order, however inadvertently, you will
be put in jail. Since the restraining order requires you to
stay a minimum distance from her, if she sees you in a shopping
mall, or you pass her on a highway, you may have violated the
restraining order and will be jailed. So make absolutely sure you
keep clear of her. If you are living in the same town, you are in extreme
danger of this kind of harassment from her, and it is reported to be
happening ever more frequently. If there are multiple offenses
against the restraining order the law requires that the sentences be
served consecutively.
11. The
District Attorney cannot dismiss a
domestic violence case or plea bargain it to anything that does not
involve domestic violence C.R.S.
§ 18-6-801 (3). Realistically, the
only way you can clear your record of a domestic violence charge is
to go through a jury trial.
12. If you
plead guilty, nolo contendre (no contest),
or are convicted, the restraining
order you signed may be made permanent,
a lifetime sentence. Be aware that the law
forbids any plea bargain that does not
involve pleading guilty to a domestic violence charge unless the DA
can represent to the Judge that he/she cannot prove domestic
violence under the law (a very rare occurence) .
The
punishment is virtually certain to include 36 weeks of therapy that
you will have to pay for. And even if you are found guilty at trial
the punishment will be the same as if you pled guilty.
13. You
will be placed on the Colorado Bureau of Investigation (CBI) C.R.S.
§ 18-6-803.7 and the FBI's National Instant Check System
for life based solely on the arrest
record unless you can prove yourself innocent and then
take extraordinary steps to have your name removed. Under Federal
law you will never again be able to own,
possess, or control a weapon or any dangerous instrument such as
explosives 18
U.S.C. § 922(g)(8). However, that will not
be explained to you by the local court or prosecutor.
14. A
conviction on a charge of domestic violence will probably mean loss
of your job if you work in a profession that requires use of
firearms, explosives, or other dangerous agents. Such a conviction
will probably also deny you a security clearance or financial bond.
Medical doctors with such convictions often find they cannot
continue to practice medicine.
15. If
you are an immigrant, or in the United States on a visa, once
convicted of domestic violence you may be deported.
Under a 1996 federal law, that ruling applies whether you plead
guilty, no contest, plea bargain, or accept a deferred judgement.
The law requiring deportation also applies to a wide range of crimes
ranging from manslaughter to misdemeanor drunken driving, as well as
domestic violence.
16. If you
plead guilty, no contest, or are convicted, every time a police
officer or other government official has occasion to check your
background, for example during a routine traffic stop, you will
appear on their database as having a domestic violence or abuse
restraining order against you. Even if proven innocent, and you have
not taken expensive and time consuming measures to have your name
removed, your name will remain on these
databases. Such information will be available even if you are
cleared should you require a security clearance or a financial bond.
Job reference checks on COcourt
will also show you have a record so it may be difficult to get new
employment.
17. If at
any point after a restraining order is granted, when accosted by a
police officer and you are in the company of the person who has the
restraining order against you, with or without that person's
permission to be there, you will be
arrested. For example, you and your wife may have quarreled and you
pled no contest to get it over with. You and your wife then get back
together but don't bother, or can't afford attorney fees to get the
record cleared. You are breaking the terms of the restraining order
and you will be arrested if stopped by the
police.
