False Charges In Colorado Domestic Violence Cases - The Ugly Divorce

False Charges In Colorado Domestic Violence Cases – The Ugly Divorce

False Charges In Colorado Domestic Violence Cases – The Ugly Divorce

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

False Charges In Colorado Domestic Violence Cases - The Ugly DivorceFalse Charges In Colorado Domestic Violence Cases – The Ugly Divorce – One of the most common motivations for “setting up” a spouse for a mandatory arrest and a follow up prosecution for domestic violence charges in Colorado – is revenge, spite and advantage in a concurrent or planned divorce proceeding.

You Have Been Set Up!

Colorado’s mandatory arrest policies in domestic violence cases force law enforcement to become pawns in what often turns out to be a series of well planned “moves” in their soon-to-be-ex-spouse’s divorce plans.

Posturing for a favorable outcome – such as full custody of the children, possession of the family home, a large maintenance award …. provide only some of the reasons why false allegations of domestic violence are made prior to or during the dissolution process.

False Allegations Made During Divorce Proceedings Are More Common Than You Might Think

The anger of a divorcing spouse distorts perception. In this environment of hate – allegations of domestic violence and child abuse are among the chief vehicles to strike preemptively. Some divorcing parents are so angry they take revenge in any, and sometimes every …form.

False Accusations In Colorado Domestic Violence – Tha Angry Ex-Spouse

Here’s the thing: false allegations of domestic violence can result in serious injury simply by making the allegations.

Divorce cases are difficult and painful things but the assertion of false allegations of child abuse or domestic abuse – make matters much worse. The impact of false charges has serious and stigmatizing impacts on the victims of these false claims – this could be you – the reader.

One way to protect yourself is to retain – on a consultation basis – a criminal defense lawyer at the same time as you retain a family law lawyer.

Allegations of abuse often arise for the FIRST TIME during divorce and/or child custody proceedings. Mostly women are sometimes actually advised by some lawyers to make any and all allegations to damage their soon-to-be-ex-spouse. The real motivation underlying these false allegations is abundantly clear – to gain an advantage in family court.

The impact of merely making of false or staged DV allegations can lead to and include:

1. The humiliation of supervised visitation, (monitored by a stranger).

2. Substance abuse evaluation and treatment.

3. Mental health evaluation and treatment.

4. Parenting programs.

5. Restraining orders that deprive citizens of due process of law.

6. The loss of the fundamental liberty interests in the care, custody, companionship, and control of ones’ children.

The authorities react to all allegations of domestic and child abuse with a mind-set of “guilty until proven innocent.” Because it is nearly impossible to “prove yourself innocent,” even when the allegations are illogical, self-contradictory, and frivolous.

The need for experienced and competent counsel will never be more necessary.

The victims of false allegations are almost always law-abiding citizens with no prior criminal records. These – mostly men – are deprived of liberty, property, and dignity as a result of the mere assertion of ab allegation of child abuse.

The system “errs on the side of caution” and will appear – at times – to discard the constitutional requirement of the “presumption of innocence until proven guilty.”

What Are False Reports Of Domestic Violence Made In Colorado

Generally defined, a “false report” means a report of domestic violence that is not supported by the objective evidence or discernable facts.

The motivations behind false reports – often malicious – can be made for multiple purposes to include:

  • Harassing, embarrassing, or harming another person,
  • Obtaining financial gain or monetary benefit for the reporting person,
  • Acquiring custody of a child by the reporting person or intended to eliminate or restrict the other person’s parental rights to the custody or access or companionship with the child.
  • Damaging, obstructing, hindering, altering or modifying the parental rights of a person, or obtaining a benefit of tactical advantage in any subsequent divorce, paternity or custody action involving the child or children of the parties, or
  • Obtaining a personal benefit of any kind or description for the reporting person in any other disputed domestic litigation.

Making The Wrong Choice – Burying Your Head In The Sand

The belief that this will all “go away” – that because you are innocent if you could just explain the authorities will “drop this“…. is not only naive, it is dangerous and wrong headed.

The belief that because you have done nothing wrong there will be no adverse consequences, that the police will recognize your innocence and not over react – is like burying your head in the sand.

Contrary to common sense, allegations of child abuse or acts of domestic violence do NOT require actual physical evidence of abuse or actual medical evidence of abuse. A mere allegation of someone who is credible enough -is sufficient. The failure of the police to locate and collect or otherwise obtain physical or medical evidence will it not undermine a belief that abuse has occurred. Nothing you will say or do will convince those in authority that something “happened.”

Speaking to the police without an attorney present is the single worst thing a wrongfully accused person can do. Whether your statement is written, videotaped or recorded over the phone – it is usable against you in the prosecution of your case. There is no requirement that the police advise you – in a voluntary statement, that you are being recorded.

Criminal Penalties For False Reporting Of Domestic Violence In Colorado

Under Colorado law, a person making a false report of domestic violence may be guilty of violating the false reporting statute (see below).

Colorado Revised Statutes Title 18. Criminal Code

§ 18-8-111. False Reporting To Authorities

(1) A person commits false reporting to authorities, if:

(a) He or she knowingly:

(I) Causes by any means, including but not limited to activation, a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property; or

(II) Prevents by any means, including but not limited to deactivation, a legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property; or

(b) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or

(c) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or

(d) He or she knowingly provides false identifying information to law enforcement authorities.

(2) False reporting to authorities is a class 3 misdemeanor; except that if it is committed in violation of paragraph (a) of subsection (1) of this section and committed during the commission of another criminal offense, it is a class 2 misdemeanor.

(3) For purposes of this section, “identifying information” means a person’s name, address, birth date, social security number, or driver’s license or Colorado identification number.

Colorado Misdemeanor Sentencing

 

 

False Allegations of Domestic Violence can include:

  • Alleged Physical Abuse
  • Alleged Sexual Abuse
  • Alleged Psychological and Emotional Abuse
  • Alleged Economic Abuse

How To Start To Defend Yourself Against False Allegations

One of the best methods to be proactive in anticipation of false accusations of child abuse or domestic violence is to maintain a “time line” in the matter and to preserve and then “plug in” all threatening emails, all texts and all voice mails from the accuser and to locate all witnesses who can confirm threatens “trumped up” before or during the divorce or child custody proceedings.

If you see threats of false complaints of domestic assault and battery in the near picture do NOT wait until after you have been charged to retain – or at least consult – a good lawyer.

False Charges In Colorado Domestic Violence Cases – The Ugly Divorce

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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.

Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm. Over the last 30 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – False Charges In Colorado Domestic Violence Cases – The Ugly Divorce.

Colorado Domestic Violence Lawyer