Denver Domestic Violence Defense Lawyer

Trusted Domestic Violence Defense Attorney in Denver, UT

Accusations of domestic violence are very serious. They can result in immediate arrests, protective orders, and enhancements on criminal charges. It can also lead to reputational and employment harm, as well as long-term consequences if a person is convicted. Building a defense against domestic violence charges is crucial. You need a Denver domestic violence defense lawyer to safeguard your rights against these criminal charges.

In Colorado, domestic violence is an enhancement applied to other criminal offenses in specific situations. Domestic violence charges and accusations can arise from many complex circumstances, including situations of mutual interpersonal violence, misunderstandings, accidents, and acts of self-defense.

Law enforcement in the state must arrest if they suspect domestic violence occurred. If you have been arrested for a domestic violence offense, don’t try to explain your way out of the situation. Get legal representation to protect your interests.

Why Work With Blackley & Wingad in Denver?

The time immediately after a domestic violence arrest or accusation is key. Getting legal representation helps you understand what you are required to do, what your situation is, and how you can build a defense. At Blackley & Wingad, we know how isolating and stressful it can be to be charged with and arrested for a domestic violence offense. Our team can help you protect your rights.

Our firm has decades of legal experience in criminal defense and trials. We help build a defense that is trial-ready and are prepared to litigate the case to protect your rights. The attorneys at our firm are partners in life and in law, and have prior experience as public defenders in Florida courts. We know how to handle pretrials, litigation, and depositions during criminal cases. Our experience includes work in courts like the 2nd Judicial District for Denver.

The attorneys at Blackley & Wingad are committed to advocating for your interests and working to protect your future, reputation, and freedom. Our firm puts significant preparation into every case we handle.

Don't Wait. Call Us Today.

Contact Us

What Is a Domestic Violence Crime in Denver?

In Colorado, domestic violence includes:

1. A violent act or the threat of violent action against a person that the accused has an intimate relationship with.
2. A crime against a person or property that is used to control, coerce, intimidate, punish, or enact revenge against a person that the accused has been in an intimate relationship with.

An intimate relationship is defined as parties who are:

• Spouses
• Ex-spouses
• Common law spouses
• Dating partners
• Ex-dating partners
• Parents of the same child

In Colorado, offenses between family members or those in the same household are not considered domestic violence offenses under this criminal law. Instead, those offenses are charged as they normally would be. They may also be charged under other laws, like child abuse or wrongs to at-risk adults.

Domestic Violence as an Enhancement

Domestic violence is not itself a criminal offense, but is an enhancement or category added to an existing criminal offense. A criminal assault case can be charged as a domestic violence offense if the alleged victim was an intimate partner. Because domestic violence is an enhancement, the severity of the offense depends entirely on the severity of the underlying criminal charge.

What Offenses May be Considered Domestic Violence Crimes in Denver?

In 2025, there were 3,913 victims of domestic violence offenses in Denver County. Over half of these offenses occurred between parties who were dating, and 22.9% occurred between parties who used to date. In 17.9% of cases, parties were spouses, and 3.2% of cases were between ex-spouses.

Many criminal offenses might be designated as domestic violence offenses, including:

• Assault. An assault offense involves an injury to another person either knowingly or through reckless actions. A more severe injury or intention to cause injury can aggravate the penalties of the offense. Of the 3,647 assault offenses in Denver County in 2025, 57.6% of them were simple assault offenses and 33.0% were aggravated assault offenses. While assault could be a misdemeanor, it can also be charged as a felony.
• Menacing, harassment, and stalking. The remaining assault offenses in Denver County in 2025 were 342 intimidation offenses. Stalking in Colorado is a felony offense and generally involves either one instance of a credible threat or repeated following, surveillance, and communication.
• Property crimes. Property crimes, when committed against an intimate partner under the statutory definition, are domestic violence offenses. This can include burglary, vandalism, robbery, arson, and other destruction of property offenses. 67 robbery offenses in Denver County were domestic violence offenses in 2025.
• Kidnapping and false imprisonment. Out of non-assault domestic violence charges, 48.1% were kidnapping offenses in Denver County. This was 192 kidnapping or abduction offenses.
• Sex offenses. Sex offenses can include sexual assault, unlawful sexual contact, and invasion of privacy for sexual gratification. Distributing private intimate images as revenge or harassment is also a criminal offense. There were 124 domestic violence sexual assault offenses in the county.
• Violations of protective orders. A protective order is meant to protect an alleged victim from the accused by prohibiting that person from going to certain locations or taking certain actions. Violating this order can result in serious criminal penalties on top of any other offenses committed.
• Weapons violations. Weapons violations can occur when a prohibited person carries a firearm or fails to follow the state’s concealed carry permit laws. A protection order can require an individual to give up firearms, and a violation can result in more severe penalties.
• Homicide. Three murders and nonnegligent manslaughters out of 54 in the county were domestic violence offenses.

Many criminal offenses could be charged as domestic violence, and the prosecution must prove the underlying elements of the criminal offense. To charge the domestic violence enhancement, it must also prove that the parties have or had an intimate relationship.

Mandatory Arrests in Colorado

When a law enforcement officer has probable cause to believe a domestic violence offense was committed, the officer must arrest the person they believe to be the perpetrator. This arrest occurs whether or not the apparent victim of the offense wants the arrest to happen.

This doesn’t require an officer to arrest two parties when both claim to be the victim of domestic violence. If multiple people have opposing complaints of domestic violence, the officer will assess the following factors:

1. If either party has made prior domestic violence complaints
2. The severity of the injuries each party has relative to each other
3. Whether either person is likely to be injured in the future
4. How likely it is that one involved person acted in self-defense

The officer and agency that conducts the arrest must collect relevant evidence and information, including dispatch tapes, medical records, on-scene recordings, witness statements, and other physical evidence.

Why Should You Hire a Domestic Violence Defense Lawyer in Denver?

It’s important to hire a domestic violence defense lawyer to secure the ideal outcome in your case. Your lawyer can review the case against you, look over the evidence of your arrest, and gather key information to build your defense. They inform you of your rights and give you a straightforward explanation of your charges and what you can expect from the criminal justice system. An attorney knows domestic violence laws in Colorado and how they apply to you.

Your lawyer handles communication with the prosecutor and the court, taking actions pretrial and during the trial to safeguard your interests. They advocate for you in court to try to secure a beneficial outcome. You have a greater chance of avoiding conviction and having charges dropped when you have the support of an attorney.

Penalties for a Domestic Violence Charge

It’s important to know the potential consequences you face if you are convicted of a domestic violence offense. Some of these consequences include:

• Imprisonment. Misdemeanor offenses carry up to 364 days in jail, while felonies carry a year or more in prison. Some felony offenses carry a minimum of several years in prison, with the most severe sentence being life in prison or the death penalty.
• Fines. A conviction can have serious financial consequences, from court costs and potential restitution to criminal fines. Fines can range from up to $1,000 for misdemeanors and from $1,000 to $1 million for felonies.
• Probation. Felony offenses carry required probation terms between one and five years after a prison sentence.
• Treatment program and evaluation. When convicted of a domestic violence crime, you must complete a domestic violence management board treatment program. This treatment could also be required before you are sentenced.
• Protection orders. Domestic violence offenses can lead to protective orders that include no-contact orders, housing limitations, and many other restrictions.
• Enhanced sentences. If you are convicted of more than three misdemeanor domestic violence offenses, a subsequent conviction is charged as a class 5 felony.
• Firearm restrictions. Any conviction for a domestic violence misdemeanor or felony offense comes with restrictions on your firearm rights. The court will order you to avoid buying or possessing firearms or ammunition until your sentence is complete. This includes giving up any firearms or ammunition you own.

There are other long-term penalties associated with having a criminal record. Avoiding these consequences requires a strong criminal defense.

What Are Potential Defenses to Domestic Violence Charges?

The defense to a domestic violence charge relies on your unique case. Your attorney can assess your arrest, the case the prosecution has, the evidence law enforcement gathered, and other necessary information. Your defense might include:

• Self-defense or defense of others to prevent immediate harm using reasonable force
• Mistake or accident, where you did not intend to cause harm
• Statutory definitions, such as whether the relationship qualifies as an intimate relationship
• Lack of probable cause, if the officer at the incident did not have probable cause to arrest you for a crime of domestic violence
• Misunderstandings, such as when witnesses to the alleged crime did not understand what really was happening between parties
• Insufficient evidence brought by the prosecution to meet the burden of proof of guilt beyond a reasonable doubt
• False accusations, when the alleged victim made untrue accusations, which is more common when there are ongoing family law cases

A defense attorney assesses the weaknesses in the prosecution’s case and determines what steps are needed to prevent it from meeting the burden of proof. If the burden of proof cannot be met, you cannot be convicted.

FAQs

What Is the Most Common Defense for Domestic Violence Charges?

A common defense for domestic violence charges is self-defense, but the right defense will depend on your case’s unique circumstances.

The right defense finds weaknesses in the prosecution’s case. Methods to do this include suppressing evidence that was gathered illegally, providing an alibi or eyewitness testimony, or showing that the incident was caused by an accident or misunderstanding. An experienced attorney can assess the right defense for your case.

Can a DV Case Be Dismissed in Colorado?

Yes, a DV case could be dismissed in Colorado, usually when the prosecution does not have enough evidence to meet its required burden of proof. While the alleged victim of the offense can recant their statement, this will not always result in the case being dismissed. It is up to the prosecution whether or not to continue with charges. If there is substantial evidence besides the individual’s statement, the prosecution may continue the case.

Why Do Most Domestic Violence Cases Get Dismissed?

Many domestic violence cases get dismissed because the individual who is the alleged victim does not want to testify in a criminal case. There are many reasons for this. For some, the experience is retraumatizing. If the prosecution doesn’t have a lot of evidence other than the victim’s witness statement, this can result in the case being dropped.

Is It Hard to Beat a Domestic Violence Case?

It can be hard to beat a domestic violence case, but it may be easier with the help of an experienced criminal defense attorney. An attorney can assess your options for defense and give you an honest and informed opinion on a likely outcome of your case. Your attorney understands the laws and how they affect you.

Being convicted can have serious consequences. A strong defense in court can help minimize or avoid penalties, protecting your freedom and your future.

Denver Domestic Violence Defense Attorney

Do not face a domestic violence charge alone. The sooner you work with an attorney, the sooner they can act to support you. Contact Blackley & Wingad today.