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Being accused of domestic violence can turn your world upside down. One moment, you’re living your life, and the next, you’re facing a legal system that feels stacked against you. These charges don’t just threaten your freedom—they can strain relationships, affect your career, and leave a permanent mark on your reputation. But one thing is clear: your side of the story matters, and you deserve a defense that protects your rights and future.

At the Law Office of Jacob Martinez, we work with individuals like you to uncover the facts, challenge the evidence, and fight against these serious allegations. Your future is worth defending—speak to our Denver, CO criminal attorneys today.

Understanding Domestic Violence Laws in Colorado

In Colorado, domestic violence is defined as any act of violence or threat of violence against someone with whom the accused shares an intimate relationship. However, it’s essential to understand that domestic violence is often not charged as a standalone crime. Instead, it is typically attached as an enhancement to underlying charges such as assault, harassment, or criminal mischief. Colorado’s mandatory arrest policy complicates matters further. Law enforcement is required to make an arrest if they have probable cause to believe domestic violence occurred.

Potential Defenses Against Domestic Violence Charges

Successfully defending against domestic violence charges starts with crafting a defense that addresses the specific circumstances of the case. The strategies used depend on the evidence, the events leading to the charges, and the actions of everyone involved. Here are some common and effective defenses:

Challenging the Evidence

Domestic violence cases often hinge on witness statements, physical evidence, or both. However, this evidence is not always reliable. If the physical evidence is inconsistent with the accuser’s claims, it can raise significant doubts about the prosecution’s case.

Witness statements, too, can be flawed. People may exaggerate, misremember details, or even fabricate allegations out of anger or fear. For example, in emotionally charged situations, misunderstandings or biases can heavily influence testimonies. A thorough review of police reports, witness accounts, and forensic evidence can expose inconsistencies and weaken the prosecution’s arguments.

Self-Defense or Defense of Others

Not all acts of physical force are unlawful. Sometimes, actions are taken in self-defense or to protect another person. Colorado law permits using reasonable force if you or someone else is under an immediate threat of harm.

To establish this defense, it’s essential to show that:

• You believed there was an imminent threat.
• Your actions were proportionate to the danger you faced.

For example, if someone raised their hand to strike you, and you acted to prevent harm, your response could be justified under the law. Evidence such as eyewitness accounts, security footage, or injuries consistent with self-defense can support this argument.

False Allegations or Misunderstandings

Unfortunately, false accusations are common in domestic violence cases. These claims may arise during contentious divorce proceedings, custody battles, or other personal disputes. Emotions or personal motives sometimes drive people to make false or exaggerated statements to law enforcement.

Defending against false allegations involves gathering evidence that disproves the claims. This might include:

• Text messages or emails that contradict the accuser’s story.
• Social media activity that paints a different picture of the events.
• Witnesses who can provide an unbiased account of what occurred.

By presenting this evidence in court, you can challenge the credibility of the allegations and demonstrate that the charges are unfounded.

Lack of Intent

Domestic violence charges often require the prosecution to prove that the accused acted intentionally. If the incident was an accident or there was no intent to harm, it can form a strong defense.

For example, accidental property damage during an argument or unintentional physical contact may not meet the legal definition of domestic violence. In these cases, the focus is on showing no willful intent behind the actions. Evidence such as video footage, statements from neutral witnesses, or expert testimony can help establish this defense.

Constitutional Violations

The legal process is designed to protect your rights, but procedural errors during an arrest or investigation can sometimes occur. These violations can play a key role in your defense.

Some examples of constitutional violations include:

• An illegal search of your property or belongings.
• Failure to read your Miranda rights during an arrest.
• Coercion or improper handling of evidence by law enforcement.

When these rights are violated, critical evidence may be excluded from the case, significantly weakening the prosecution’s position. Thoroughly examining the circumstances of your arrest and investigation can reveal whether your rights were infringed, providing an additional layer of defense.

Consult a Denver, CO Domestic Violence Attorney

Domestic violence charges can feel like your world is spinning out of control. The stigma, the potential penalties, and the uncertainty about what comes next can be overwhelming. At the Law Office of Jacob Martinez, we understand how high the stakes are and are here to help you regain control of your situation.

The road ahead may seem uncertain, but the right legal defense can make all the difference. Call (720) 246-6700 or contact us online today to start building your defense.