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- 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
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- 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
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- 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
- 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
- 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 Domestic Violence and False Allegations of 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 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*
- 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
- 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
- 2011 Colorado Domestic Violence Treatment Providers By County
- The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
- Important Links in Colorado Domestic Violence Cases
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Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
To understand the background to Colorado’s mandatory arrest law in domestic violence cases, one must study the same crime statistics the Colorado State Legislature used in making the decision to pass this draconian law. These statistics demonstrate the use of extreme examples to prove the rule. Colorado’s mandatory arrest laws in DV cases stems from these facts and figures.
It is my opinion that the police would NOT arrest in many – if not most – of the minor domestic violence cases they investigate. Many in the system advocate for the return to an officers “street sense” and experience in making the decision to arrest in domestic violence cases – just as law enforcement performs their duties in every other criminal investigation. However, the political system that creates the laws of Colorado is fueled by public outrage — therefore I produced this page to point out the “stats” used to support Colorado’s mandatory arrest laws.
A recent study by the State of Colorado’s Domestic Abuse Assistance Program (DAAP), in 2006, found the following:
Colorado Domestic Violence Fatality Statistics
Half of all murders committed in Colorado are committed by a current or former intimate partner and the victims are disproportionately female.
A firearm, specifically a handgun, is the most used weapon during a domestic violence fatality.
From 2000 to 2006, 19 children were killed during a domestic violence related incident (Project Safeguard 2006).
Nationally, the occurrence of domestic violence fatalities is somewhat lower. From 1976 to 2002, about 11% of all homicide victims in the United States were killed by a current or former intimate partner (Fox and Zawitz 2004).
Homicide is the leading cause of death of pregnant women in the U.S. (Chang, Berg and Herndon 2005).
In Colorado in 2006, there were 32 incidents resulting in 41 domestic violence related fatalities.
Those incidents included:
• 24 intimate partners murdered (20 female victims were killed by a male partner and 4 male
victims were killed by a female partner)• 2 children murdered by their fathers
• 1 friend of a victim murdered
• 10 perpetrator suicides (all male) and
• 4 perpetrators killed by law enforcement or by a family member.
A recent publication by Project Safeguard analyzed 90 cases of domestic violence fatalities and the results provide a clearer picture of the circumstances surrounding such incidents. Again, males were disproportionately higher as the offender and females were the majority of victims. Most of the deaths occurred in the victim’s home.
The victims ranged in age from 18 to 85 years old, with an average age of 36 years old, whereas the offenders ranged in age from 17 to 80, with an average of 38 years old. Approximately half of the victims in the study sample were White and the relationship status at the time of death between the victim and perpetrator was that they were still in a current relationship (Project Safeguard 2006).
• Almost one-half of all murders in Colorado are committed by an intimate or former intimate
partner and the victims are disproportionately female.
Citation: Project Safeguard, Fatality Review Project Denver, Colorado 2007• In 2006, 41 people died during 32 incidents of domestic violence. This included 2 children.
Firearms, specifically a handgun was the most used weapon followed by a knife.
Citation: Project Safeguard, Fatality Review Project Denver, Colorado 2007• From 2000 to 2006, 19 children have been killed during a domestic violence related incident.
Citation: Project Safeguard, Fatality Review Project Denver, Colorado 2007• In 2006, there were 7 incidents of murder/suicide resulting in 15 deaths. In all of those incidents, men were the perpetrators.
Since 2002, there have been 52 incidents of murder/suicide resulting in 112 deaths. Men were the perpetrators in over 95% of those incidents. Citation: Project Safeguard, Fatality Review Project Denver, Colorado 2007.
Focus of Law Enforcement – Take No Chances
These statistics drive the mandatory arrest laws in Colorado. As a former Career DA for some 13 years in Arapahoe and Douglas Counties, I know firsthand that the worst fear of a prosecutor and a police officer which is that – after taking a “chance” on the Defendant – that person violates that trust – and commits a heinous criminal act.
Most often the decision to take the chance is the right one – the fair and just thing to do. But when it backfires, most elected prosecutors are attacked by the media for being “soft on crime.” This results in the termination of the young prosecutor or the end of a career for the officer who acted with compassion and understanding at the time of the decision to trust the accused.
Everyone in the Colorado Criminal Justice System knows this reality and elected DA’s are clear on the consequences of the “wrong decision.” In these troubled economic times – given the statistics trotted out above – elected District Attorneys and their front line prosecutors are keenly aware of their fate for making an error judgement in Colorado.
Nonetheless – it is important to be fully informed of what drives Colorado’s Domestic Violence System.
An Experienced Colorado Criminal Defense Lawyer for Domestic Violence Cases
Other Articles of Interest:
- Colorado Domestic Violence Cases- The Arrest
- How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
- Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
- Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
- Colorado Domestic Violence Fast Track Programs
