Contact Us

Please use the contact form to send us an email - and receive a response within 12 hours.

Emergency? Call 720-220-2277 (24/7)






Attach File [PDF, WPD, DOC, DOCX] (optional)

Please enter website address

• Make a Payment
• Domestic Violence Blog
• Colorado Criminal Law – Expert Testimony In Colorado Domestic Violence Cases – Unfair and Unjust
• Electronic Cyberstalking And Colorado’s Domestic Violence “Stalking” Crimes – 18-3-602 CRS
• Colorado Criminal Law – When The DA Can’t Plea Bargain – Domestic Violence and DUI Cases
• Colorado Criminal Law – Possible Defenses In Colorado Domestic Violence Cases
• A Comprehensive Guide To Colorado’s “False Imprisonment” Law 18-3-303 C.R.S
• Mobile Contact Us
• Parental Kidnapping – Custodial Interference Cases In Colorado – Section 18-3-304
• FAQ How to Seal a Domestic Violence Case That Has Been Dismissed
• Colorado Civil Assist – Civil Standbys in Domestic Violence Cases
• Bonds In Colorado – Colorados Bail Bond Laws – Rules
• Colorado Felony Domestic Violence Defense Lawyer – Pre-Filing Representation
• FAQ: Colorado Criminal Defense Law – Domestic Violence Cases and The Right to Refuse to Testify Based on the 5th Amendment’s Right to NOT Incriminate Oneself
• Colorado Criminal Law – Representing Victims and Witnesses in Criminal Court and Proceedings – The Rights of Victims and Witnesses
• Colorado Criminal Domestic Violence Law – The Impact of a Colorado Domestic Violence Case On Parenting Time
• FAQ: Colorado Criminal – Domestic Violence Defense Law – What is Strangulation? What Does The Word Strangle Mean?
• FAQ: Colorado Criminal Firearms Laws – The Impact of Colorado Criminal Convictions On The Right To Bear Arms Under Federal Law
• Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado
• How Denver City Domestic Violence Cases Are Different – The Denver Municipal Ordinance Domestic Violence Exception
• Colorado Criminal Domestic Violence Law – Understanding The Colorado Laws Governing Dismissal In Colorado Domestic Violence Cases
• Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
• Colorado Domestic Violence Defense Ideas: What Legal Strategies Should My Attorney Consider To Defend Against The Restraining Order
• Trial Issues In Colorado Domestic Violence Cases
  • Outrage In Criminal Prosecutions – The Damage Done By Prosecution “Experts” In Ballistics
• Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
• Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
• Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
• Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
• Finding The Best Colorado Domestic Violence Criminal Defense Lawyer – Don’t Be “Handed Off” To Another Lawyer In The Firm – One You Did NOT Retain!
• Meeting With Your Colorado Domestic Violence Criminal Defense Lawyer For The First Time – Making The Decision To Retain A Lawyer
• Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
• Colorado Domestic Violence: An Industry
• FAQ: Colorado Domestic Violence Cases Part II
  • FAQ: Colorado Criminal Law: Understanding the Impact of FEDERAL FIREARMS LAWS AND BRADY FINDINGS in Colorado Domestic Violence Cases
  • Colorado Criminal Law – A Comprehensive Look at the Colorado Defense of Self Defense, Initial Aggressor Laws, Make My Day Laws and the Duty to Retreat
  • Colorado Criminal Domestic Violence Laws – Couple’s or Martial Counseling NOT Allowed in Domestic Violence Treatment Programs
  • Colorado Criminal Domestic Violence Sentencing Procedures and Law – What Happens In A Colorado Domestic Violence Sentencing Hearing
  • Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
• Attorney Profile
• H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
• Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
• Key Colorado Domestic Violence Issues
  • Understanding Colorado Domestic Violence Cases
  • Colorado Domestic Violence Law – Searches – Consent
  • Colorado Criminal Defense Law – Defending Domestic Violence Cases -Victim Recants
  • Colorado Criminal Defense Law – Defending Domestic Violence Cases – Understanding Tactical and Trial Issues -Victim Recantation
  • Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
  • Colorado Criminal Domestic Violence Law – The Impact of the Federal Violence Against Women Act in Colorado Domestic Violence Cases.
  • Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
  • Colorado Domestic Violence Defense Lawyer – Understanding The Problem Of Identifying The Primary Aggressor In Domestic Violence Cases
  • Colorado Law of Jury / Juror Misconduct – Analysis
  • Colorado Criminal Law Guide – Self Defense and Domestic Violence Charges
  • Colorado Criminal Law – What If I Run? – Absconding – Fleeing A Colorado Criminal Case – Evidence Of Flight At Trial
  • Colorado Domestic Violence Law – The Danger Of Being Charged With False Reporting If You Change Your Testimony – C.R.S. 18-8-111
  • Colorado Criminal Trial Law – Introducing Evidence Of A Defendant’s Good Character Under CRE 404 (a) – In Colorado Domestic Violence Cases
  • A Denver Colorado Criminal Lawyer Helps You To Understand Colorado Criminal Restraining Orders Under 18-1-1001
  • Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
  • Colorado Domestic Violence Law Series – Bail Bonds – How Are They Set? What Criteria Is Applied?
  • Why You Should Never Rush To Plead Guilty In A Colorado Domestic Violence Case – The Fast Track Trap
  • Colorado Domestic Violence Cases Prosecuting With No Victim – Can They Still Go To Trial?
  • Colorado Domestic Violence Lawyer On Domestic Violence And Mental Health Issues
  • How DO The Police Evaluate Colorado Domestic Violence Cases? – The Law 18-6-803.6
  • Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5
  • How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
  • Colorado Criminal Law – Understanding Criminal Mischief 18-4-501
  • Colorado Criminal Law – Why Did My Doctor Call The Police On Me? – Physician – Psychologist Confidential Communications In Child Abuse – Domestic Violation Cases
  • Colorado Domestic Violence Law – Understanding The Impact Of The Domestic Violence “Tag” Designation
  • Colorado Criminal Law – Restitution Is For ALL Crimes – Not Just Plea Bargained Convictions
  • Will My Child Have To Testify In My Colorado Domestic Violence Case?
  • Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
  • How Can I Get A False Colorado Domestic Violence Case Dismissed?
  • False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
  • Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
• Police Contact in Colorado – What Are My Rights?
• Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
  • Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
  • Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
  • Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
  • Colorado Criminal Law – Domestic Violence Convictions & Custody Of Your Child
  • Colorado Domestic Violence Law – False Reporting To Authorities – 18-8-111 – A Dangerous Law
• New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
• Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
• Colorado Restraining Orders
  • How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
  • Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
  • Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
  • Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
  • Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
  • Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
  • Questions and Answers About Violation of A Restraining Order in Colorado
  • Colorado Domestic Violence Cases and Restraiing Orders
  • Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
  • Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
• Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
• Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
• Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
• Understanding the Crime of Stalking in Colorado – A Case In Point
• Colorado Domestic Violence No Contact Orders
• Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
• Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
• Colorado Criminal Law: What Is the Crime of False Reporting All About?
• Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
• Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
• Colorado Domestic Violence Fast Track Programs
• Colorado Law Harassment Stalking Statute
  • 2016 Colorado – When Does Texting – Calling – Become Harassment? 18-9-111
• Colorado Domestic Violence – When the Wrong Person Is Arrested
• Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
• Colorado Domestic Violence Cases – A Birds Eye View
• Child Custody and Domestic Violence Allegations – How Allegations of Domestic Violence Are Used In Colorado Child Custody Battles
• The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
• Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
• Transferring Probation Out Of Colorado – The Interstate Compact
• Colorado Domestic Violence Treatment Requirements
  • Colorado Domestic Violence Cases – The Levels of Treatment A – B – C Explored – The Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders
  • Colorado Domestic Violence Law – Understanding The Mandatory Treatment Requirement
  • Colorado Criminal Law – Domestic Violence – How Colorado Courts Measure and to Predict Domestic Violence Threats – the Domestic Violence Risk and Needs Assessment (DVRNA)
  • The New Colorado DV Treatment Standards
  • The Colorado Domestic Violence Multi-disciplinary Treatment Team (MTT) Approach to Mandatory Domestic Violence Treatment Requirements
• Colorado Domestic Violence Cases – Re-victimizing The Victim – The Loss of Power For The Alleged Victim and The Case Against No Drop Policies
• Colorado Criminal Law Domestic Violence Right to Bear Arms
• Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
• Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
• Colorado Stalking Domestic Violence Criminal Defense Lawyer Writes About Being Charged With Stalking In Colorado 18-3-601, 18-3-602
• Colorado Domestic Violence Lawyer – How To Avoid Incriminating Yourself At The Scene Of A Domestic Violence Investigation
• Colorado Domestic Violence Cases- The Arrest
• Colorado Law – Domestic Violence Assault Charges
  • Colorado Spousal Rape Laws
  • Colorado Law Domestic Violence Cases Harasment – Stalking
  • Contributing to the Delinquency of a Minor in Colorado 18-6-701
• Colorado Domestic Violence and False Allegations of Child Abuse
  • Domestic Violence and False Child Abuse Allegations
  • Three Rules in Child Abuse Allegations
  • FAQ: The Colorado Child Abuse Background Check Process
  • Colorado Key Child Abuse and Neglect Laws – Listed
  • FAQ – Under Investigation In Colorado Child Abuse Cases – If You Are Investigated for Child Abuse
• Colorado Domestic Violence Sentencing
  • Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
  • Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
  • Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
  • Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
  • FAQ: Understanding Colorado’s Probation Supervision System
  • Colorado Criminal Law – Asking a Judge to Change a Sentence – a Sentence Reconsideration – Under Colorado Rule of Criminal Procedure 35(b)
  • FAQ: Colorado Restorative Justice – The Concept Behind A New Way Of Looking At Colorado Criminal Sentencing – Can It Work?
• Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
  • Colorado Domestic Violence -No Drop Policies
• Colorado Criminal Defense Strategics: The Top Ten Myths About Colorado Criminal Cases
• Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
• Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
• Colorado Criminal Domestic Violence Cases – The Role of Mental Health Assessment in Colorado Domestic Violence Cases
• Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
• Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
• Colorado Criminal Domestic Violence Defense – Understanding Terms and Concepts of the Domestic Violence Evaluation and Standards
• Colorado Criminal Law – A Listing of Key Domestic Violence Laws and Related Statutes
• In Depth Articles On Domestic Violence Laws – Issues – and History
  • FAQ: Domestic Violence Defense Law- The Battered Woman Syndrome and Self Defense Law in Colorado
  • Colorado Law – Common Law Marriages
  • Understanding When Other Past Crimes or Bad Prior Acts Are Admitted at Trial in Colorado
  • Colorado Criminal Law: Attacking the Credibility of the Accused – Defendant – The Law
  • Colorado Statutes of Limitations – A Deadline to File Charges
  • Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
  • Colorado Criminal Domestic Violence Law – The Unfairness Of The Admission of Evidence of Character Other Crimes, Wrongs, or Acts – The So Called 404B – Similar Transactions Evidence
  • Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
  • Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
    • Domestic Violence Cases – Gender Bias – Men As Perpetrators – Women As Victims – The Truth – Colorado and The Nation – A National Disgrace
  • Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
  • Understanding Colorado Arrest and Conviction Records
  • Colorado Domestic Violence Trials – What Juries Really Think
  • Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
  • Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
  • How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
  • Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
• Domestic Violence and Syndrome Evidence
• Federal Domestic Violence Laws Overview
  • Federal Enforcement of Domestic Violence Protection Orders
  • Federal Gun Laws and Colorado Domestic Violence Cases
  • Federal DV Laws – The U – VISA
  • False Allegations of Domestic Violence and Immigration Fraud
  • Federal Domestic Violence Laws – VAWAs Impact on Colorado Domestic Violence Cases
• Colorado Criminal Domestic Violence Resources
  • 2011 Colorado Domestic Violence Treatment Providers By County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Jefferson County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Denver County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Arapahoe County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Adams and Broomfield Counties
    • 2011 Colorado Domestic Violence Treatment Providers By County – Douglas, Elbert and Lincoln Counties
    • 2011 Colorado Domestic Violence Treatment Providers By County – Boulder County
    • 2011 Colorado Domestic Violence Treatment Providers By County – El Paso County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Larimer County
• The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
  • The Colorado Rules Of Criminal Procedure – 2017 – A Reference Guide
• Important Links in Colorado Domestic Violence Cases
• Location / Map
• Links and Other Resources
• Entries Feed

Colorado Domestic Violence Cases

By H. Michael Steinberg – Colorado Domestic Violence Defense Lawyer – Attorney Specialist

Colorado Domestic Violence cases almost always have one thing in common – a loss of control by the alleged victim of the crimes charged. Recent changes to the approach to these cases – mandatory arrest, mandatory no bail provisions, mandatory no contact so called “protections orders” have -together systematically destroyed tens of thousands of families and potentially salvageable relationships – ALL in the name of “getting tough on domestic violence.”

This article addresses some of the issues I have seen as a Colorado domestic violence lawyerover the 40 years I have worked within the Colorado criminal justice system.

Forcing The Alleged Victim of Colorado Domestic Violence Charges To “Cooperate”

Financial Control By The Alleged Abuser – The “Given” Primary Reason

Prosecutors believe a number of things about the alleged victims of Colorado domestic violence cases – the first is that the most important factor in the alleged victim’s refusal to cooperate is based – in large part – on the financial dependence she has on the alleged perpetrator.

Since the accused earns all of the income and controls the family’s finances and the alleged victim needs that financial support – she must be recanting or refusing to cooperate “for financial reasons.”

Among the favorite reasons used by DA’s are the defendant’s power and control over the victim, the victim’s low self esteem, a desire to save her relationship with the defendant, and the victim’s belief in the future of the relationship at stake. Other reasons include the alleged victim’s fear of retaliation.

What Is Missing In The Analysis?

The Harsh Techniques Used To Pound The Alleged Victims to Cooperate

One DA’s Wrong Headed Approach:

“I take the victim aside, talk to her, tell her that the defendant is not going to retaliate, explain to her that the defendant is not going to change, if he hit her once, he is going to hit her again.

I explain to her that the only way that she is going to get any independence and if she’s going to be able to control her life, she’s going to have to take a stand and accept the benefits of our assistance, the assistance that’s available to her.”

[HMS – this gratuitous “summary” of this alleged victim’s complex relationship with the accused completely misses the mark.]

How about taking the approach that a resolution of the case might include counseling but no conviction or long term probation?  This might happen if a DA tailors the agreement to this victim’s needs and desires. Therefore – if she wants counseling for her family – perhaps ask – how can the prosecutor help her obtain the assistance she and her family or the relationship needs.

Spend The Time Investigating A Weak Case – NOT Forcing An Alleged Victim To Testify

The more time a prosecutor schemes to force an alleged victim of domestic violence to testify – the less time he or she has to investigate the case, to interview witnesses – if any – and analyze whether it makes sense to proceed.

As an Former Prosecutor – I know that the steadfast victim who refuses to cooperate means that other investigation MUST FOCUS on the strength or weakness of the case with that lack of cooperation… and dismissing the case if it is weak and not provable.  If an entire case rests on the cooperation of the victim, and there is no cooperation, the case should be dismissed “in the interests of justice.”

Colorado Domestic Violence Cases  – The Use Of Guilt

One common approach for DA’s – when the alleged victim and defendant are no longer together and the alleged victim wants to drop the case to move on with her life – is to argue that her refusal of cooperate will lead to the abuse of the “next woman.”  Another approach is to force the victim to go forward when she does not want to is to use her children as a motivating factor.

Huge Caseloads Mean Little Contact With Alleged Victims

The size of a DA’s caseload often makes it impossible to spend time with an alleged domestic violence victim Because these cases can last up to a year months go by with no contact between the DA and the alleged victim. The alleged victim begins to think the case just went away and when the trial date finally arrives, her life is again thrown into chaos.

Heavy caseloads result in the use of unjust measures a such as ‘fear tactics.” Fear tactics range from threatening to send victims to jail to telling them that “it would be harder on them to not cooperate than it would be to cooperate.”

Here is One DA’s Actual [“Unbelievable”] Approach: – Threats To The Alleged Victim

“I tried as much as possible to put on a face that relayed that I was going to go forward. I would tell them that it’s not their choice to drop charges, it’s our choice and if they didn’t want to cooperate I would tell them what was going to happen. That I was going to subpoena her and if she didn’t show up I was going to have her thrown in jail with a body attachment. I tried to make them believe that it would be more painful for them to not cooperate than it would be to cooperate.”

One recent study found that ninety-two percent of prosecutorial agencies use personal subpoenas to require victims to testify….threatening arrest if there is no cooperation. 

Prosecutors also threaten that if the victim changes her story and tells the truth – that she made the whole thing up, she will be compelled to tell the judge that she lied – testifying to this under oath and she can then be charged with perjury.  

Still others are threatened with – if they fail to show up in court – the judge’s contempt power – to be thrown in jail.  These hardline approaches – jailing victims for their refusal to testify – in my opinion – are little more than the purest form of re-victimization.

CYA – The Real Reasons DA’s Oppose Dismissal Of Weak Colorado Domestic Violence Cases

DA’s – if they respond honestly – will tell you that the reason for forcing victims to appear before the judge was not to convince victims to cooperate, but rather to protect themselves and their office from being blamed for dropping prior charges if there is a future act of domestic violence.

This reason has nothing to do with justice and everything to do with providing “cover” for the DA’s political hind quarters.  Some DA’s will drop charges ONLY after the witness comes in to the office and signs an affidavit saying she is the victim in the case and is requesting that the charges be dropped.

The Reasons Given to Force A Victim To “Cooperate” – How far to push an alleged victim of Colorado Domestic Violence?

Whether an alleged victim will cooperate will often turn on whether the relationship between the parties is reconcilable.  Most DA’s offices do not have a comprehensive or even explainable position on when – or if – there would be a dismissal of a case.  Most do not have a systematic way for deciding which alleged victims ” should be compelled” to participate and which cases should be dismissed. Without any system to guide DA’s – especially young and inexperienced DA ‘s – the very people making these incredibly important life changing decisions – the ultimate outcomes can only be inconsistent and arbitrary.

Forcing The Alleged Victim To “Cooperate” – The Costs To The Justice System

No Consideration of Individual Victim’s Concerns

The one size fits all approach to Colorado domestic violence prosecution must end. Forced participation – which requires that all victims be treated the same – ignores the individual facts, circumstances and needs of each victim.

There is no safeguard to ensure that prosecution is the proper response in an individual case. Every case is different and all cases must be dealt with on a case by case basis. Policies set in stone result in a robot-like response to every case, there is no way to analyze a victim’s needs in a particular case.  A stone based policy ignores the real relationship between the accused and the alleged victim. Every victim is different – every relationship is different – every case is different.

An individual concerns are much more important than the systems needs for so called uniformity. The alleged victim lives the case every single day. What happens is going to affect her or his  entire life. Is the couple going to stay together or are they going to get divorced or separate? Will they get back together? Do they have children? Will she be able to feed the children?

Colorado Domestic Violence Cases – The Case Against Re-victimization

It is clear that forcing a victim who is scared to death of the defendant to testify does re-victimize her. Forcing victims to testify re-victimizes them by forcing [them] into a process over which they have no control.

As a long time Colorado trial lawyer – I know all too well that to stand up in front of a courtroom full of strangers – and talk about bail, possible new offenses, safety plans or disposition policies –  surely re-victimizes women day in and day out in our Colorado courts.

The argument that strict no-drop policy serve society and therefore outweigh individual rights and are worth the collateral damage – is counter to my entire understanding of our countries jurisprudence.

One DA said this:

“I had her on direct for about an hour. She was under cross examination for three and a half hours crying, shaking, all upset. It was probably the worst day of her life. This girl was 16 years old. She was being called a liar in a courtroom full of people. There’s no way that we should have gone to trial. This girl was victimized all over again. I think that those [who do not try cases] can lose sight of how traumatic it is to actually be forced to testify”.

The Impact Of The Not Guilty Verdict On The Alleged Victim And His/Her Life MUST Be Considered

I have won may domestic violence cases as a defense lawyer – I don’t list them or other cases on my website because it has always seemd to be an inapproiate thing to do. My websites provide information that intelligent people can use to educate themselves about their cases and to assist them to make the best decisions.

When a judge or jury comes back with a not guilty verdict – because of the high burden of proof to prove criminal charges in Colorado – what is the message to the vctim then?

Wasted Resources Prosecuting Domestic Violence Cases NO-ONE Wants Prosecuted in Colorado

No-drop policies use massive resources.  Much more time and energy must be put into cases that ultimately cannot be prosecuted. DA’s and courts should focus these resources on  cases that result in some benefit to the victim or community.

Taking Away The Alleged Victim’s Control – Reduced Victim Autonomy

No drop decision-making power removes a victim’s autonomy. State intervention undermines any attempt the alleged victim has made to empower herself.  Forced participation only adds to a victim’s low self-esteem – destroying any perception of having control. It dis-empowers women by forcing a decision upon them without taking into account their individual needs. Allowing alleged victims to drop charges – on the other hand – promotes victim autonomy and empowerment.

The Weakest of Cases – Re-canting Alleged Victims and Colorado Domestic Violence Cases

Forcing an alleged victim to cooperate – where there is only the weakest of cases left when a DA IS FORCED to impeach her is a waste of time for everyone.

Resources in a domestic violence case are better used by encouraging a couple to receive counseling and ultimately issuing a dismissal than by going forward with a trial and impaneling a jury in a case where the only witness refuses to testify. Even a case with stronger alternative evidence is not always enough to win. 

When the victim refuses to cooperate, the strongest evidence a prosecutor can have is an independent witness who saw the violence… and that witness should NEVER be a child.

No jury should hear or see a six-year-old child on the witness stand to testify that she saw Daddy hit Mommy? ” Think of the questions from the child’s friends.. “you put your daddy in jail?” How would that impact six-year old?

Please call our law firm if you have questions about ..

Colorado Domestic Violence Cases

H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the first 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior  prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.

In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations.  Please call him at your convenience at 720-220-2277. 

If you have questions about Colorado Domestic Violence Cases in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado with adult and juvenile criminal matters.. as regards Colorado Domestic Violence Cases.

?

Other Articles of Interest:

• Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
• Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
• Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
• Colorado Domestic Violence -No Drop Policies
• In Depth Articles On Domestic Violence Laws – Issues – and History