When police officers respond to a domestic violence call, they almost always arrest someone. They typically make an initial determination based on witness statements, and then bring someone in: the husband, the wife, the boyfriend, the girlfriend.
The initial determination is a quick one, and in many cases the alleged victim does not even want to press charges. However, given the current domestic violence laws, police officers almost always err on the side of making an arrest to insulate themselves from potential liability. As a result, it is not uncommon for the wrong person to be arrested, or for a suspect to be arrested when he or she is truly innocent of the crimes charged.
If you have been accused of this criminal offense, you can turn to a Colorado Springs domestic violence lawyer at Boal Law Firm, P.C. for help. Brian B. Boal is a former El Paso County criminal prosecutor with the ability to protect you, your family and your future in these serious cases.
Understanding Domestic Violence Charges
Technically, domestic violence is not a criminal charge. It is a sentence enhancer that can be added to any charge, making the penalties for that charge much more severe. An example of the enhanced penalties that you may face if a charge has been labeled a domestic violence offense includes loss of your Second Amendment right to bear arms, which could then lead to being discharged from the military or loss of another job that requires you to carry a gun. You will also be forced to take up to 52 weeks of expensive domestic violence classes that you will have to pay for.
Criminal charges that are frequently labeled as domestic violence offenses include:
- Criminal mischief
- Telephone obstruction
- False imprisonment
People in these situations are often surprised to find how little it takes to be charged with a serious crime. Additionally, someone can be charged with child abuse for simply breaking his or her own property or fighting with a child in the home. Furthermore, crimes like criminal mischief that would otherwise be relatively minor become much more serious with the domestic violence sentence enhancer. Anyone charged with a domestic violence offense immediately needs a knowledgeable, experienced lawyer like Brian Boal to ensure his or her rights are protected and preserved.
How To Defend Against Domestic Violence Charges
Brian Boal is also a family law attorney who understands the reality that is often behind these charges. One spouse may attempt to make false allegations of domestic violence in order to leverage them in a divorce case. You may also be the target of a temporary restraining order, at which point you must move quickly to retain an attorney to protect you. Brian Boal has the background to represent you in your criminal proceedings, civil protection order proceedings, and divorce and child custody proceedings.
In some cases, the alleged victim may not even want charges to be pressed. While the prosecutor may not simply drop charges at the victim's request, Brian Boal understands the options that may be available to secure a dismissal by the prosecution and help you move forward with your life.
Start Fighting Domestic Abuse Charges By Calling Us Now Consultation
Call 719-602-2262 or email to discuss your domestic abuse case directly with Brian B. Boal. The law firm serves clients throughout El Paso County and up and down the front range.