False accusations of domestic violence (DV) in Colorado have serious implications. Even without solid evidence, state law often requires an immediate arrest and imposes strict legal consequences. If you have been wrongly accused, knowing your rights and taking prompt action is essential.
Understanding Colorado's Domestic Violence Laws
In Colorado, domestic violence is a legal enhancer, not a standalone crime. According to C.R.S. § 18-6-800.3, the label of “domestic violence” applies to any crime committed against someone with whom the accused has had an intimate relationship, especially when motivated by control, punishment, or intimidation.
What Is the Domestic Violence Enhancer?
The domestic violence sentence enhancer in Colorado law adds weight to charges and affects outcomes. It can trigger automatic arrest, mandatory protection orders, firearm bans, and required counseling before a conviction even occurs. Even misdemeanors, such as harassment or property damage, can carry this enhancement when the relationship meets the legal threshold.
The Immediate Legal Consequences of DV Charges
Mandatory Arrest
Under C.R.S. § 18-6-803.6, law enforcement must arrest a suspect if they have probable cause to believe domestic violence occurred. This means you can be arrested based solely on the accusation, regardless of whether the alleged victim wants to press charges.
Protection Orders
After arrest, a mandatory protection order is issued under C.R.S. § 18-1-1001. This restricts contact with the alleged victim and may prevent you from accessing your own home or seeing your children. Violating the order is a separate crime with its own set of penalties.
Firearms and Mandatory Treatment
Colorado law (C.R.S. § 18-1-1001(9)) and federal law prohibit those under domestic violence protection orders from possessing firearms. You may also be ordered to begin treatment through an approved domestic violence program—even before trial. These mandates carry costs and may interfere with work, family, and daily life.
Why False Domestic Violence Allegations Happen
False domestic violence accusations are often tied to:
- Custody disputes: One party may try to gain an advantage in family court.
- Revenge or jealousy: A personal conflict escalates into legal action.
- Misunderstandings: An emotional argument is misinterpreted or misreported.
Some accusations stem from a sincere but mistaken belief that a crime occurred, while others are intentional fabrications intended to harm. In either case, the accused must take immediate steps to protect their rights.
What to Do If You’re Falsely Accused of Domestic Violence in Colorado
Stay Silent and Get Legal Help
Do not try to explain your side to the police. Statements made without counsel can be used against you. Contact a reputable Denver domestic violence defense attorney right away to manage every communication.
Preserve Evidence
Save emails, messages, and social media posts that support your innocence. Identify witnesses and preserve any documentation that may contradict the allegation. Time-stamped communications or public records can often disprove fabricated timelines.
Follow All Orders
Even if the accusation is false, follow all court-imposed restrictions. Violating a protection order—even unintentionally—can result in additional charges. Your domestic violence lawyer in Denver can file motions to modify overly broad or unjust orders.
Keep Records
Document all events, contacts, and attempts by the accuser to reach you. This information can be helpful for your domestic violence attorney to build a strong defense and identify inconsistencies in the accuser’s story.
How a Domestic Violence Lawyer Can Assist You in Your Case
A qualified domestic violence defense law firm offers more than just courtroom representation. Your lawyer will:
- Review all evidence and police procedures.
- File motions to suppress weak or illegally obtained evidence.
- Challenge any overreach in restraining orders.
- Advocate for dismissal or reduction of charges when possible.
A domestic violence lawyer near you who understands Denver courts can make a measurable difference in how your case is handled and resolved.
Defense Strategies against False DV Claims
If you are facing domestic violence claims, your attorney may use several legal approaches to challenge the prosecution. Some of the most common strategies include:
- Challenging the accuser’s credibility
- Presenting an alibi
- Highlighting the absence of physical evidence
- Showing motive for a false report
A skilled domestic violence law firm will know which strategies best suit your case and how to present evidence clearly to a judge or jury.
Your Charges Are Dismissed – What Comes Next?
Even if your case is dropped, records still exist. You can petition to seal your arrest and court history under C.R.S. § 24-72-705. Your attorney can guide you through this process to protect your privacy and future opportunities. Sealing your record plays a significant role in restoring your reputation and removing unnecessary barriers in your day-to-day life.
Suro Law Is Here When You Need the Right Defense
False domestic violence accusations carry consequences that can affect every part of your life—from parenting rights to employment. But you don’t have to face the system alone.
At Suro Law, we believe truth and justice go hand in hand. As an experienced domestic violence law firm, we stand up for clients who have been wrongly accused. If you’re facing allegations, contact us today to speak with a trusted domestic violence lawyer in Denver.
