When Is It Time To Hire a Domestic Violence Defense Attorney?

On December 27, 2021

Learn why the right time to hire a domestic violence attorney in Colorado Springs is the moment you find yourself being accused of domestic violence.

If You Don’t Hire a Domestic Violence Defense Attorney, You Put Everything At Risk

If you are asking yourself whether you need to hire a domestic violence defense attorney, you probably need to hire a domestic violence defense attorney. That is because from the moment someone accuses you of domestic violence, everything you care about – your family, your freedom, your future – is at risk.  Colorado law and Colorado Springs prosecutors treat domestic violence as an extremely serious crime and will do everything they can to protect the alleged victim and convict the accused.

With the full force of the criminal justice system aligned against you, the time to hire a domestic violence defense attorney is immediately after any incident which involves allegations of domestic violence.

Why You Need a Domestic Violence Defense Lawyer Immediately

If Colorado Springs police officers believe you engaged in an act of domestic violence, they will arrest you. Even if the allegations against you are exaggerated or completely false, even if the purported victim tells police or prosecutors that they want to “drop the charges,” an El Paso County judge will still enter an order that significantly curtails your rights. You will also face the prospect of time behind bars and a stain on your reputation that will linger for years.

Colorado law requires police to act quickly and forcefully when responding to incidents involving a claim of domestic violence. If you are the person facing the accusation of domestic violence, and an officer concludes that there is probable cause to believe that you did commit such an act, they will immediately arrest you and charge you. The “probable cause” to support your arrest may simply be the alleged victim’s word, even if there is no physical evidence or other proof that you did anything wrong.

Once El Paso County prosecutors charge you with domestic violence, you’ll learn that Colorado has a “no-drop” policy in such cases. This means that even if the accuser repeatedly asks prosecutors to drop the charges, they won’t necessarily do so. The fact that you and your accuser have “kissed and made-up” will not influence their decision to prosecute you for domestic violence.

Your Criminal Defense Attorney Can Forcefully Defend You Against The Charges

If you don’t hire a domestic violence defense attorney immediately after your arrest, you put yourself at a huge disadvantage. Prosecuting attorneys know exactly how to prove the charges against you; after all, convicting defendants or getting them to plead guilty is what prosecutors do all day, every day. On the other hand, there is a good chance that you lack the knowledge to defend yourself effectively. You don’t know the rules of procedure and evidence, and you may not be aware of defenses available to you against these serious allegations.

But when you hire a domestic violence defense attorney, especially one that has experience in El Paso and Teller County Courts,  you have an advocate on your side that can balance the scales and go toe-to-toe with prosecutors on your behalf. By raising defenses that challenge the veracity of the testimony or strength of the evidence prosecutors intend to use against you, they can cast doubt on the allegations and produce evidence in your favor. Here are just two ways your defense attorney can try to defeat the charges against you:

Lack of Evidence

While the alleged victim’s allegation may be enough for Colorado Springs police to arrest and charge you with domestic violence, prosecutors will need more than that to meet their burden of proving that you are guilty beyond a reasonable doubt.

Your criminal defense lawyer can cast reasonable doubt on the charges by emphasizing the lack of any other evidence that shows you engaged in domestic violence. For example, your lawyer may emphasize:

  • The lack of any physical evidence that reflects an altercation.
  • That there are no other witnesses other than the alleged victim who can credibly testify about what happened.
  • The absence of any emails, voicemails, texts, video, or other evidence of threats or physical acts.
  • That there are no prior acts, threats, arrests, or convictions that would suggest you would commit an act of domestic violence.

Prove That YOU Were The Victim

In many domestic violence incidents, the individual being accused of domestic violence is actually the victim in the incident. In such cases, any injuries suffered by the accuser may be “defensive” ones. Defensive injuries happen when a person fights back to defend themselves, leaving behind scratches, cuts, bruises, and other wounds on the accuser.

If It’s Time To Hire a Domestic Violence Defense Attorney, It’s Time To Call Perkins Law

You don’t need to, nor should you, face domestic violence accusations alone. The Colorado Springs domestic violence defense attorneys at Perkins Law will provide you with aggressive, determined representation that will give you the best chance of defeating the charges so you can put the ordeal behind you.

Please contact Perkins Law today for your free initial consultation to discuss your case.

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