Domestic Violence Defense in Denver
If you were arrested at home last night — removed from your own house, booked into jail, and told not to contact your spouse or partner — you are not alone. Colorado’s mandatory arrest law means that when police respond to a domestic disturbance, someone is going to jail. It does not matter who called 911. It does not matter who started the argument. If an officer determines there is probable cause to believe a domestic violence offense occurred, an arrest is required by law. What happens next — the charges, the protection order, the treatment requirements, and the consequences that follow you long after the case ends — depends on the decisions you make right now.
Colorado Domestic Violence Law: Not a Standalone Crime
Most people assume “domestic violence” is a specific criminal charge. In Colorado, it is not. Domestic violence is a sentence enhancer — a legal designation that attaches to an underlying criminal offense and increases its consequences.
Under C.R.S. § 18-6-800.3, domestic violence is defined as:
An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. It also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
The statute defines “intimate relationship” broadly: spouses, former spouses, past or present unmarried couples, or persons who are both parents of the same child — regardless of whether they have ever been married or lived together.
This means domestic violence is not limited to physical violence. Any criminal offense — assault, harassment, criminal mischief, menacing, stalking, even trespass — can carry a DV designation if the alleged victim and the defendant share an intimate relationship as defined by the statute. And once the DV designation attaches, it triggers a cascade of additional consequences that go far beyond the penalties for the underlying charge.
Mandatory Arrest: C.R.S. § 18-6-803.6
Colorado is a mandatory arrest state for domestic violence. Under C.R.S. § 18-6-803.6, when a peace officer determines there is probable cause to believe a crime involving domestic violence has been committed, the officer shall arrest the person suspected of its commission — without undue delay.
The officer is required to identify a “predominant aggressor” based on factors including the comparative extent of injuries, prior domestic violence history, and whether either party acted in self-defense. The law does not require officers to arrest both parties. But it does require them to arrest someone. This is why so many DV defendants are blindsided by their arrest — they called 911 for help, or they believed they were defending themselves, and they end up in handcuffs.
Mandatory Protection Orders: C.R.S. § 18-1-1001
Upon arrest, the court will issue a mandatory protection order (MPO) under C.R.S. § 18-1-1001. This order is entered at the defendant’s first court appearance and remains in effect until final disposition of the case — which may be months or even years.
In domestic violence cases, the MPO almost always includes a no-contact provision, meaning the defendant may not communicate with the alleged victim directly or indirectly — no calls, no texts, no messages through third parties, no returning to a shared residence. Violating the MPO is a separate criminal offense.
The protection order can be modified, but only through a formal hearing. The defendant or the prosecuting attorney may request modification, and the court will consider the request after notifying both parties.
Types of Charges That Carry a DV Designation
Because domestic violence is a sentence enhancer rather than a standalone offense, it attaches to the underlying criminal charge. The most common underlying charges in Denver DV cases include:
Assault (C.R.S. §§ 18-3-202 through 18-3-204)
The most frequently charged DV offense. Third-degree assault — knowingly or recklessly causing bodily injury — is a Class 1 misdemeanor. Second-degree assault, involving serious bodily injury or use of a deadly weapon, is a Class 4 felony. First-degree assault, involving serious bodily injury with intent and a deadly weapon, is a Class 3 felony. Any of these can carry a DV designation. Jolie Masterson has tried 19 assault cases — many with DV enhancers — giving her extensive experience with the specific dynamics these cases involve.
Read more: Assault Defense in Denver
Harassment (C.R.S. § 18-9-111)
Harassment covers a broad range of conduct: striking, shoving, kicking, or subjecting someone to physical contact; following someone in a public place; making obscene gestures; or directing repeated communications at someone in a manner intended to harass. Harassment is typically a Class 3 misdemeanor, but with a DV designation, the consequences escalate significantly through mandatory treatment and protection order requirements.
Menacing (C.R.S. § 18-3-206)
Menacing involves placing someone in fear of imminent serious bodily injury through threat or physical action. Without a weapon, it is a Class 1 misdemeanor (up to 364 days in jail). With a deadly weapon, menacing becomes a Class 5 felony carrying one to three years in the Colorado Department of Corrections and fines up to $100,000.
Criminal Mischief (C.R.S. § 18-4-501)
Knowingly damaging another person’s property. In DV situations, this commonly involves breaking household items, punching walls, or damaging a partner’s vehicle or phone. Criminal mischief is classified based on the dollar value of the damage — from a Class 3 misdemeanor (under $300) up to a Class 2 felony (over $1,000,000). Even lower-level criminal mischief with a DV designation triggers mandatory treatment and protection order consequences.
Stalking (C.R.S. § 18-3-602)
Stalking involves repeated conduct — following, monitoring, surveillance, or threats — that would cause a reasonable person to suffer serious emotional distress or fear for their safety. Stalking is always charged as a felony in Colorado, regardless of whether it carries a DV designation. When it arises in the context of an intimate relationship, the DV enhancement adds mandatory treatment requirements and protection order restrictions on top of already serious felony penalties.
Protection Order Violations (C.R.S. § 18-6-803.5)
Violating a protection order — whether a criminal mandatory protection order or a civil restraining order — is itself a criminal offense. A first violation is a Class 2 misdemeanor. A second or subsequent violation is a Class 1 misdemeanor. In domestic violence cases, a protection order violation often leads to additional charges, revocation of bond, and significantly harsher treatment by the court.
Read more: Protection Orders | DV Sentencing & Treatment | Mandatory Arrest
Penalties and Sentencing
The penalties for a DV-designated offense depend on the underlying charge. But the DV designation itself adds layers of consequences that affect nearly every aspect of your life.
Criminal Penalties for the Underlying Offense
The sentencing range follows the classification of the underlying charge:
- Class 3 misdemeanor (e.g., harassment): Up to 6 months in jail, $50 fine
- Class 2 misdemeanor (e.g., first protection order violation): Up to 120 days in jail, $750 fine
- Class 1 misdemeanor (e.g., third-degree assault, menacing without a weapon): Up to 364 days in jail, $1,000 fine
- Class 5 felony (e.g., menacing with a weapon, habitual DV offender): 1–3 years in the Department of Corrections, $100,000 fine
- Class 4 felony (e.g., second-degree assault): 2–6 years in the Department of Corrections, $500,000 fine
Mandatory Domestic Violence Treatment
Under C.R.S. § 18-6-801, any person convicted of a crime with a DV designation must undergo a domestic violence evaluation and complete a state-approved treatment program. Colorado’s Domestic Violence Offender Management Board (DVOMB) oversees certified treatment providers and has moved from a one-size-fits-all model to a risk-based approach:
- Level A (low risk): Weekly clinical sessions with periodic treatment plan reviews
- Level B (moderate risk): Weekly clinical sessions plus monthly supplemental sessions
- Level C (high risk): Two weekly group clinical sessions with intensive oversight
Treatment programs typically run a minimum of 36 weeks and often longer. Treatment is at the defendant’s expense and is required in addition to any jail sentence, probation, or fines.
Habitual Domestic Violence Offender: C.R.S. § 18-6-801(7)
If you have three or more prior DV convictions from separate incidents — whether felony, misdemeanor, or municipal ordinance — a new misdemeanor DV charge can be elevated to a Class 5 felony under the habitual domestic violence offender statute. This carries up to three years in the Department of Corrections and a $100,000 fine, regardless of the severity of the underlying conduct.
Firearms Prohibition
A DV conviction triggers a lifetime federal firearms ban under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)). This applies to any misdemeanor conviction that qualifies as a “crime of domestic violence” under federal law — which includes most Colorado DV-designated offenses. Violating the federal firearms prohibition is itself a federal felony punishable by up to 10 years in prison. Colorado state law also requires defendants to surrender firearms while a DV-related mandatory protection order is in effect.
Custody and Family Law Consequences
A DV conviction or even a pending DV charge can dramatically affect child custody proceedings. Colorado family courts consider domestic violence a significant factor in determining the best interests of the child. A mandatory protection order may prevent you from returning to your home or seeing your children during the pendency of the criminal case. A conviction can result in supervised visitation, restricted custody, or loss of parental decision-making authority.
Employment and Professional Consequences
Many employers conduct background checks. A DV conviction — even a misdemeanor — can disqualify you from jobs in law enforcement, education, healthcare, the military, and any position requiring a security clearance or professional license. For professionals subject to licensing board oversight, a DV conviction may trigger disciplinary proceedings independent of the criminal case.
Defense Strategies
Every DV case is different, but effective defense strategies typically focus on challenging the prosecution’s version of events, the circumstances of the arrest, and the legal sufficiency of the charges.
Self-Defense
Colorado recognizes the right to use reasonable physical force in self-defense. In many DV cases, the person arrested was actually defending themselves. The mandatory arrest law requires officers to identify a “predominant aggressor,” but that determination is made quickly at the scene — often based on incomplete or one-sided information. A thorough investigation into the full circumstances, including injuries to both parties, prior threats, and the sequence of events, can establish that the defendant acted in lawful self-defense.
False or Exaggerated Allegations
DV allegations arise in the context of emotionally charged relationships. In some cases, allegations are fabricated or exaggerated — particularly when a custody dispute, divorce, or separation is involved. The defense may involve demonstrating a motive to fabricate, inconsistencies in the alleged victim’s account, or physical evidence that contradicts the allegations.
Challenging Probable Cause for Arrest
The mandatory arrest statute requires probable cause. If the responding officer lacked a sufficient factual basis to believe a DV offense occurred — or if the officer failed to properly determine the predominant aggressor — the arrest itself may be challenged. Suppression of evidence obtained as a result of an unlawful arrest can fundamentally change the trajectory of a case.
Mutual Combat
When both parties were engaged in physical altercation, the prosecution must still prove beyond a reasonable doubt that the defendant was the aggressor. Evidence of mutual combat does not excuse the conduct, but it can undermine the prosecution’s theory and create reasonable doubt.
Protection Order Modification and Compliance
For clients charged with violating a protection order, the defense may focus on whether the defendant had actual knowledge of the order’s terms, whether the alleged contact was truly initiated by the defendant, or whether the conduct falls outside the scope of the order. In cases where the protection order is causing undue hardship — particularly regarding housing, children, or employment — we can petition the court for modification.
Negotiated Resolutions
Not every DV case goes to trial. In appropriate cases, we negotiate plea agreements that may avoid a DV designation entirely — through deferred judgments, plea to non-DV offenses, or alternative sentencing arrangements. The goal is always the best possible outcome for your specific circumstances.
Our Experience
Domestic violence cases sit at the intersection of criminal law, family law, and constitutional rights. Both Jolie Masterson and Jesse Hall handle DV cases and understand the full scope of what is at stake.
Jolie has tried 19 assault cases — many of which involved domestic violence enhancers. She understands the dynamics that prosecutors rely on in DV cases and knows how to challenge them at every stage, from the initial bond hearing through trial. Her trial record — 48 cases tried, 18 acquittals — reflects a willingness to fight when the evidence supports it.
Jesse brings extensive experience navigating the collateral consequences that make DV cases uniquely high-stakes. His work in felony defense as a Deputy State Public Defender gave him deep familiarity with the Denver courts, the prosecutors, and the procedural landscape that DV defendants face. His published work on forensic evidence and his analytical approach to case preparation are particularly valuable in cases where the physical evidence tells a different story than the police report.
Together, they handle DV cases from arrest through resolution — including bond hearings, protection order modification, preliminary hearings, motions to suppress, trial, and post-conviction matters. They also coordinate with family law attorneys when a criminal DV case overlaps with custody or divorce proceedings, ensuring that decisions made in the criminal case do not inadvertently harm the client’s position in family court.
Related Case Results
Domestic Violence — Dismissals Charge: Domestic Violence (numerous cases) Result: Complete Dismissal — Insufficient Evidence to Proceed to Trial Court: Colorado State Court Attorney: Jesse Hall
Jesse Hall has obtained numerous complete dismissals of DV cases based on arguments to the court that the prosecutor lacked sufficient evidence to proceed to trial. No charges were allowed to proceed against the defendants.
Domestic Violence — Self-Defense Charge: Domestic Violence Result: Not Guilty Verdict at Trial Court: Colorado State Court Attorney: Jesse Hall
Domestic Violence — Defense of Others Charge: Domestic Violence Result: Not Guilty Verdict at Trial Court: Colorado State Court Attorney: Jesse Hall
Domestic Violence — Defense of Property Charge: Domestic Violence Result: Not Guilty Verdict at Trial Court: Colorado State Court Attorney: Jesse Hall
Domestic Violence — Alibi Charge: Domestic Violence Result: Not Guilty Verdict at Trial Court: Colorado State Court Attorney: Jesse Hall
Jesse Hall has successfully defended DV cases at trial asserting self-defense, defense of others, defense of property, and alibi — all resulting in not-guilty verdicts.
Past results do not guarantee future outcomes. Every case is different. These results reflect the specific facts and circumstances of each case.
Frequently Asked Questions
Why was I arrested if I did not start the fight?
Colorado is a mandatory arrest state for domestic violence. Under C.R.S. § 18-6-803.6, when police respond to a domestic disturbance and determine there is probable cause to believe a DV offense occurred, they are required to arrest the person they identify as the predominant aggressor. This determination is made at the scene—often quickly, based on limited information. It does not mean you are guilty. It means the officer made a probable cause determination that can be challenged in court.
What is a mandatory protection order?
A mandatory protection order (MPO) is a court order issued automatically when a defendant is charged with a DV-related offense. Under C.R.S. § 18-1-1001, the MPO typically prohibits the defendant from contacting the alleged victim—directly or through third parties—and may prohibit the defendant from returning to a shared residence. The MPO remains in effect until the case reaches final disposition. Violating it is a separate criminal offense.
Can domestic violence charges be dropped if the victim does not want to press charges?
No. In Colorado, the decision to prosecute a DV case belongs to the district attorney—not the alleged victim. Once charges are filed, the alleged victim cannot “drop” them. Prosecutors routinely proceed with DV cases even when the alleged victim is uncooperative or recants. This is one of the most important things to understand about DV cases: the alleged victim’s wishes do not control the prosecution.
Will I lose my guns?
Potentially, yes—in two ways. First, while a DV-related mandatory protection order is in effect, Colorado law requires you to surrender your firearms. Second, if you are convicted of a qualifying misdemeanor crime of domestic violence, the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)) imposes a lifetime ban on possessing firearms or ammunition. Violating the federal firearms prohibition is a federal felony punishable by up to 10 years in prison.
How does a DV conviction affect custody?
Colorado family courts treat domestic violence as a significant factor in custody determinations. A DV conviction can result in supervised visitation, restricted parenting time, or loss of decision-making authority regarding your children. Even a pending DV charge—with a no-contact protection order in place—can effectively separate you from your children for the duration of the case. This is one of the reasons early, strategic defense is so critical.
What is mandatory DV treatment?
Any person convicted of an offense with a DV designation in Colorado must complete a treatment program certified by the Domestic Violence Offender Management Board (DVOMB). Treatment is tailored to the defendant’s assessed risk level and typically runs a minimum of 36 weeks. It is conducted at the defendant’s expense and is required in addition to any other sentence the court imposes.
Is domestic violence a felony or a misdemeanor?
It depends on the underlying charge. Because domestic violence is a sentence enhancer—not a standalone crime—the classification follows the underlying offense. Third-degree assault with a DV designation is a misdemeanor. Second-degree assault with a DV designation is a felony. If you have three or more prior DV convictions, even a misdemeanor DV charge can be elevated to a Class 5 felony under Colorado’s habitual domestic violence offender statute.
Talk to an Attorney Who Understands What You Are Facing
A domestic violence arrest sets off a chain reaction — criminal charges, protection orders, separation from your family, potential loss of your firearms, your job, and your reputation. The earlier you have experienced counsel involved, the more options are available to protect your rights and your future.
Call (720) 445-5505 to speak with Jolie Masterson or Jesse Hall about your case. All consultations are confidential.