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- 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
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- FAQ: Colorado Domestic Violence Cases Part II
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- Will My Child Have To Testify In My Colorado Domestic Violence Case?
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- 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
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- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
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- 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
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- 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
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- 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
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- Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
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- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
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- Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
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- 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
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- Domestic Violence and Syndrome Evidence
- Federal Domestic Violence Laws Overview
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- 2011 Colorado Domestic Violence Treatment Providers By County
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- The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
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Colorado Domestic Violence Defense Ideas: What Legal Strategies Should My Attorney Consider To Defend Against The Restraining Order
Introduction – A fine organization know as STOP* (SAVE: Stop Abusive and Violent Environments) has an excellent web site that has a number of excellent ideas on how to defeat fraudulent accusations of domestic violence. Here is a re-analysis and summary of an excellent page addressing the abuse of restraining orders in domestic cases.
Domestic violence allegations and consequent criminal charges should be taken very seriously.
These are life changing allegations.
One strategy of the false accuser is the “offensive” use of a restraining order as “proof” that the accused is an abusive individual. In addition to criminal charges – this technique is often used in a subsequent child custody hearing.
Your legal defense strategy will depend on many factors, including:
• The relevant laws in your state. See my website on Colorado Restraining Orders
• How strong your case is – what type of evidence your accuser has, and what evidence you have to prove your innocence.
• How much time you have to prepare your defense.
•How judges in your area handle this type of case.
•Anticipated legal tactics of the accuser.
•How much money you can spend for legal expenses.
In responding to a restraining order many lawyers recommend the following steps:
1. Obtain a copy of the restraining order promptly.
2. Attack the issue of legal jurisdiction, if appropriate.
3. Move for a continuance (delay of hearing) if more time is needed.
4. Consider the possible harmful effects of a continuance on child visitation and custody issues.
5. Try to obtain a transcript of the hearing where the temporary restraining order was issued.
6. Obtain law enforcement records of the incident, including any documentation of visible injury.
7. Obtain a copy of the 911 call placed by the accuser, if available.
8. Subpoena persons who witnessed the alleged incident.
9. Consider the possible role of expert witnesses.
10. Before issuing a subpoena for child witnesses, consider the possible harm of such an action.
11. Obtain other relevant documents, including medical records.
12. F ile a motion for the court to not accept any documents not previously provided to your attorney.
13. Examine the accuser’s background for previous false allegations.
14. Ask the court to take note of the timing of the accuser’s allegation, coinciding with a broader custody or visitation dispute.
15. Identify times when the accuser attempted to meet with the accused while the restraining order was in effect – such actions reveal the accuser did not believe he or she was in any immediate danger.
16. Be aware how a restraining order can be used in a subsequent child custody determination, and may be used to impose supervised visitation.
17. Address the temporary restraining order with urgency.
For additional assistance on Colorado Criminal Law Legal Strategies – see my other website
*2012 SAVE: Stop Abusive and Violent Environments
Other Articles of Interest:
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
