How Denver City Domestic Violence Cases Are Different – The Denver Municipal Ordinance Domestic Violence Exception
Denver Municipal Ordinance § 14-33 of the Revised Municipal code states:
Although not controlling elsewhere, it is worth noting that in Denver Municipal court, there is a code which exempts domestic violence cases from the automatic bond schedule.
Definitions. Domestic violence means any harmful physical contact, or threat thereof, between family or household members or unmarried couples, including the destruction of property, as a method of coercion, control, revenge, or punishment.
Right to bond. Every person arrested and charged with the violation of any section of this Code, or other municipal ordinance, shall have the right to be released on bond in accordance with law and the rules of the county court.
Rules on bond. The presiding judge of the county court, with the concurrence of the majority of the judges of the court, may adopt rules and regulations concerning and regulating the furnishing of bail bonds in the court.
Conditions on bonds. The court may attach reasonable conditions to any bond, including, by way of example and not limitation, a no contact order. In determining the amount of the bond, the type of bond, and the conditions to be placed on the bond, the court shall take into consideration the following factors:
1. The amount of bail shall not be oppressive;
2. The defendant’s employment status and history and financial condition;
3. The nature and extent of the defendant’s family relationships;
4. The defendant’s past and present residences;
5. The defendant’s character and reputation;
6. The identity of persons who agree to assist the defendant in attending court at the proper time;
7. The nature of the offense presently charged and the apparent probability of conviction and the likely sentence;
8. The defendant’s prior criminal record, if any, and if he or she previously has been released pending trial, whether he or she appeared as required;
9. Any facts indicating the possibility of violations of law if the defendant is released without restrictions;
10. Any facts indicating a likelihood that there will be intimidation or harassment of possible witnesses by the defendant;
11. Any other facts tending to indicate that the defendant has strong ties
to the community and is not likely to flee the jurisdiction.
Personal recognizance bonds. The court shall not issue a personal recognizance bond unless the ordinance violation is on a bond schedule or the prosecutor consents.
Domestic violence bonds. Ordinance violations that allege a factual basis of domestic violence shall not be on the bond schedule. The court shall consider the following factors in determining bond in domestic violence cases:
1. Those listed in paragraph (d) of this section;
2. Written communications from the arresting officers and other witnesses, if any;
3. Prior domestic violence incidents; and
4. Prior violations of no contact or restraining orders.