Criminal Defense — Domestic Violence
Colorado Domestic Violence Defense Attorney
"With over 29 years of experience on these cases, over 24 years in Boulder County, I have seen what works and what does not. I know how to show your innocence, as well as show the prosecution's failure to prove it."
— Jason Savela, The Savela Law Firm, P.C.
There is nothing you can tell the police today that you cannot tell them tomorrow with a lawyer. Just say "I want a lawyer."
Call Now — (720) 821-1001Colorado's Domestic Violence Law: A One-Size-Fits-All Reaction
In Colorado — and Boulder especially — police believe that if they are called out on a domestic violence case, someone has to go to jail. This is not the law, but that is what many believe. A recent case involved a wife asking for help with a non-violent but out-of-control intoxicated partner. Instead of an ambulance and detox, police came and arrested. No one — including an independent witness — said either person struck the other. Yet an arrest happened and months passed before the case resolved. Where society needed to change to prevent true violence, the law has turned to seeing all cases as the first sign in a slow progression to severe violence. There is a better way to resolve these cases. Jason Savela can help.
Key Facts About Colorado DV Law
- Colorado law defines domestic violence as an act or threatened act of violence against a person with whom the accused has or had an intimate relationship.
- Charges covered include: 2nd degree assault, 3rd degree assault, choking/strangulation, harassment, stalking, false imprisonment, telephone interruption, and violation of custody orders.
- Police in Colorado operate under a de facto mandatory arrest policy — if they respond to a DV call, someone is almost always arrested, regardless of the evidence.
- The decision to prosecute belongs to the district attorney, not the alleged victim. The prosecution can and often does proceed even if the victim recants or refuses to cooperate.
- A person arrested for domestic violence in Colorado cannot be released from jail until they see a judge — a wait that can be several days if arrested on a Thursday or Friday.
What Happens After a Domestic Violence Arrest
Mandatory Jail Hold
You cannot be released until you see a judge. If arrested Thursday or Friday, that wait can stretch to several days. There is no bail bondsman option — you wait.
Mandatory Protection Order
The judge will issue a mandatory protection order forcing you out of your shared home and prohibiting all contact with the alleged victim. If children are involved, contact with them is often prohibited as well.
Forced Out of Your Home
You will not return home until the judge allows it — often not for months, and only after proving you have started DV classes, remained sober, and otherwise complied with the protection order.
Gun Rights Suspended Immediately
Domestic violence charges include a mandatory protection order preventing possession of any gun or ammunition. All firearms must be surrendered to police or transferred to a friend or family member immediately.
Permanent Loss of Gun Rights on Conviction
A conviction — even a misdemeanor — means you lose your gun rights forever under federal law. These convictions can never be sealed.
Immigration Consequences
For non-citizens, a domestic violence conviction can lead to deportation or inadmissibility under federal immigration law, even for misdemeanor convictions.
The Restraining Order Trap
All protection order conditions are bail bond conditions. Any contact with the alleged victim — of any kind — is a violation. A violation is both new criminal charges (violation of protection order and violation of bail bond conditions) plus a revocation of your bond. All are domestic violence charges, and a conviction means you lose your gun rights forever. The mandatory minimum for a violation is 6 to 12 months in jail with no probation. The judge and the prosecutor are jaded and will not believe you. They will not believe your partner's change in story.
Critical Warnings
- The accuser is not restrained from contacting you — many violations begin with a call or text from the accuser. Do not respond under any circumstances.
- A violation carries a mandatory minimum of 6–12 months in jail with no probation and automatic bond revocation.
- A Sheriff's Civil Assist can allow a few minutes to retrieve basic items from the home, but this is never enough time. Plan accordingly.
- Guns and ammunition in your possession must be turned over to police or transferred to a friend or family member immediately upon arrest.
- Contact with the victim of any kind — phone, text, email, through a third party — is a violation. There are no exceptions.
The "Recanting Victim" Problem
In cases where the power struggle of an argument turns to a regretted false or exaggerated allegation, people often try to undo their wrong themselves — by calling the police, the prosecution, or the judge and telling the truth. Any attempt by the victim to retract a false claim made in anger is met with "recanting victim" ideology: the retraction is treated as proof the initial statement was true, because "that is what victims do." There is a better way to resolve these cases than for the victim to attempt to talk the prosecution into dismissing the case. Jason Savela can help navigate this dynamic effectively.
False Allegations: Finding the Motive
In cases where the conflict will not resolve and the claim is false, there is often a motive to lie. It may be for child custody or divorce leverage. It can be pure revenge over the end of a relationship. It can also be a truly unhappy person who wants others to feel their pain. Mental health issues are often prevalent. Finding the motivation and proving it is often as much art as skill. Jason works with his client and what he knows about the alleged victim to understand what it is like to be that person — to empathize with and even understand the accuser — so he can best interview and cross-examine them. This process allows the motive to expose itself.
Common motives for false allegations: child custody or divorce leverage, revenge over the end of a relationship, or a person who wants others to feel their pain. Finding and proving the motive is often as much art as skill.
The Deferred Sentence Trap
Prosecutors routinely offer a deferred sentence — presented as a way to get the case dismissed if you complete DV classes. Here is the trap: if the accuser makes another claim after you accept the deal, the new charge becomes a violation of the deferred sentence agreement. Since you already pled guilty, you will be convicted and sentenced on the original charge. These convictions can never be sealed. Worse, an innocent person who refuses the deal must spend months and money going to trial to win — while a guilty person who takes a plea gets to go home. Do not accept any offer without consulting an experienced DV attorney first.
When Domestic Violence Becomes a Felony
Domestic violence can be charged as a felony when it involves more severe injuries, weapons, or strangulation. Prosecutors have recently been charging any case where the neck is touched as a felony — choking and strangulation are treated with particular severity. Repeated calling or following a person can also lead to a felony stalking charge. A felony conviction carries prison time, permanent loss of gun rights, and consequences that follow you for life.
Why You Need to Fight — Not Just Accept a Deal
You need experience with the process and the way prosecutors and judges think. You need a lawyer who knows how to investigate and present the case to try to get a favorable result without trial — and, more importantly, to know when there is no way to get the case dismissed, and to go to trial and win. An innocent person who takes a plea to go home is still convicted. A conviction for domestic violence can never be sealed. The stakes are too high to accept a deal without a thorough fight.
Building Your Defense
You may have several defenses including self-defense, defense of others, defense of property, and provocation. Many accusers are guilty of some provocation or outright assault themselves. Juries understand that people lie when relationships are falling apart. A thorough investigation — including a careful audit of the accuser's motive, prior statements, and conduct — can result in dismissal or acquittal at trial. With over 29 years of experience and over 24 years in Boulder County, Jason Savela knows what works and what does not.
Frequently Asked Questions
Charged With Domestic Violence in Colorado?
The system moves fast and is not on your side. A mandatory hold, a protection order forcing you from your home, and a prosecution that will not believe your partner's change of story. You need an attorney who has been through this more than 20 years and knows how to fight. Call Jason Savela today for a free consultation.
Call (720) 821-1001