Domestic Violence Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/domestic-violence/ Criminal Defense & Personal Injury Lawyers Tue, 22 Oct 2024 15:03:55 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.thebusseylawfirm.com/wp-content/uploads/2023/11/cropped-Bussey-Law-Firm-Favicon-32x32.jpg Domestic Violence Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/domestic-violence/ 32 32 Is Domestic Violence a ‘Sentencing Enhancement’ in Colorado? https://www.thebusseylawfirm.com/is-domestic-violence-a-sentencing-enhancement-in-colorado/ Mon, 01 Jul 2024 01:44:39 +0000 https://www.thebusseylawfirm.com/?p=11984 Domestic violence cases involve incidents of physical, emotional, or psychological abuse between intimate partners or household members. Colorado has stringent laws addressing such offenses, with penalties ranging from fines to imprisonment, depending on the severity of the abuse. Legal measures include protective orders to ensure victim safety and support services to assist survivors. Authorities and [...]

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Domestic violence cases involve incidents of physical, emotional, or psychological abuse between intimate partners or household members. Colorado has stringent laws addressing such offenses, with penalties ranging from fines to imprisonment, depending on the severity of the abuse. Legal measures include protective orders to ensure victim safety and support services to assist survivors. Authorities and advocacy groups work to raise awareness and provide resources to combat domestic violence and protect vulnerable individuals within households across the state.

What is a Sentencing Enhancement?

A sentencing enhancement is an additional penalty applied to a criminal sentence, typically due to aggravating factors such as prior convictions, use of weapons, or the severity of the crime. Its purpose is to increase punishment beyond standard sentencing guidelines, reflecting the seriousness of the offense or the defendant’s criminal history. Unlike regular sentencing, which follows predefined guidelines, enhancements allow judges to impose stricter penalties on repeat offenders or address particularly egregious criminal conduct.

Understanding Domestic Violence Sentencing Enhancements in Colorado Springs

Colorado’s domestic violence laws encompass physical, emotional, and psychological abuse between intimate partners or household members. They mandate penalties ranging from fines to imprisonment based on the severity of the offense. Protective orders are issued to ensure victim safety and support services are available to help survivors of domestic violence across the state.

Repeat offenders in Colorado can face enhanced penalties, including longer prison sentences and more significant fines. These penalties escalate with each subsequent conviction, reflecting the state’s efforts to deter habitual criminal behavior and protect public safety through stricter sentencing measures.

Under Colorado law, offenses resulting in severe injuries, such as serious bodily harm or permanent disability to victims, incur increased penalties. These penalties aim to reflect the severity of the harm caused and may include longer prison sentences and higher fines to deter and punish such egregious conduct.

Factors influencing sentencing decisions in domestic violence cases include:

  • The severity of the abuse and harm inflicted on the victim.
  • Prior criminal history, including past domestic violence convictions.
  • Presence of aggravating factors like use of weapons or threats.
  • Victim impact statements and the victim’s wishes regarding sentencing.
  • Completion of rehabilitation programs or compliance with court orders by the defendant.

Impact of Sentencing Enhancements on Accused Individuals

Sentencing enhancements in domestic violence cases can significantly impact accused individuals by increasing penalties beyond standard sentencing guidelines. This may result in longer prison sentences, higher fines, or stricter probation conditions. Enhanced penalties can also limit future employment opportunities and affect personal relationships. Defendants may face social stigma and difficulty reintegrating into society post-release.

Moreover, enhanced sentences often require compliance with rehabilitative programs or counseling, aiming to address underlying issues of violence. While intended to punish repeat offenses, these enhancements can profoundly alter the lives of those convicted of domestic violence.

Legal Rights of the Accused in Domestic Violence Cases

In domestic violence cases, the accused has constitutional rights, including the right to due process, presumption of innocence, and the right to a fair trial. They are entitled to legal representation, the right to confront witnesses, and protection against self-incrimination. A skilled Colorado Springs domestic violence defense lawyer is crucial in safeguarding these rights, ensuring fair treatment, and challenging evidence or procedures that violate constitutional guarantees.

Attorneys advocate for their client’s interests, negotiate plea agreements if beneficial, and provide a strategic defense to mitigate penalties or achieve an acquittal, maintaining the integrity of the legal process.

Our Colorado Springs Lawyer Can Defend Against Domestic Violence Charges

Building a strong defense in domestic violence cases involves gathering evidence to challenge sentencing enhancements, such as disputing the severity of injuries or presenting mitigating circumstances. Collaborating with a skilled criminal defense attorney is essential to develop an effective strategy, which may include investigating the circumstances of the alleged offense, cross-examining witnesses, and presenting alternative explanations or defenses to ensure a fair and just outcome for the accused.

If you are facing criminal charges for domestic violence, discuss your case with an experienced domestic violence criminal defense lawyer. Call The Bussey Law Firm, P.C. at (719) 475-2555 for a free consultation with our attorneys.

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What are the consequences of a domestic violence conviction in El Paso County, CO? https://www.thebusseylawfirm.com/what-are-the-consequences-of-a-domestic-violence-conviction-in-el-paso-county-co/ Fri, 02 Feb 2024 02:00:35 +0000 https://www.thebusseylawfirm.com/?p=3249 Domestic violence is a serious offense that carries severe legal consequences. In El Paso County, Colorado, law enforcement and the judicial system take domestic violence cases seriously, aiming to protect victims and hold offenders accountable. If convicted of domestic violence, individuals may face various legal, social, and personal consequences that can significantly impact their lives. [...]

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Domestic violence is a serious offense that carries severe legal consequences. In El Paso County, Colorado, law enforcement and the judicial system take domestic violence cases seriously, aiming to protect victims and hold offenders accountable. If convicted of domestic violence, individuals may face various legal, social, and personal consequences that can significantly impact their lives.

Legal ConsequencesWhat are the consequences of a domestic violence conviction in El Paso County CO

Criminal Penalties

A domestic violence conviction in El Paso County can result in criminal penalties, including fines, probation, and imprisonment. The severity of the punishment depends on factors such as the nature of the offense, prior criminal history, and the extent of harm caused.

Protective Orders

Courts may issue protective orders (restraining orders) to ensure the safety of the victim. These orders can restrict the offender from contacting the victim, entering their residence, or approaching them at a specified distance.

Loss of Firearm Rights

A domestic violence conviction may lead to the loss of the right to possess firearms. Federal law prohibits individuals convicted of domestic violence offenses from owning or possessing firearms, which can have lasting implications for personal and professional life.

Mandatory Treatment Programs

Courts often mandate domestic violence offenders to undergo counseling or treatment programs to address the underlying issues that contribute to violent behavior. Failure to complete these programs may result in further legal consequences.

Social Consequences

Impact on Employment

A domestic violence conviction can jeopardize one’s employment. Employers may conduct background checks, and a criminal record can be a red flag, especially in professions that require trust and responsibility.

Harm to Relationships

Convictions for domestic violence strain personal relationships, including those with family, friends, and colleagues. The stigma associated with such offenses may lead to isolation and damaged social connections.

Child Custody and Visitation Issues

For individuals with children, a domestic violence conviction can affect child custody and visitation arrangements. Courts prioritize the safety and well-being of the child, and a history of domestic violence may influence custody decisions.

Personal Consequences

Emotional and Psychological Impact

The legal consequences are not the only challenges individuals face. A domestic violence conviction can lead to significant emotional and psychological distress, affecting mental health and overall well-being.

Difficulty Rebuilding Reputation

Rebuilding one’s reputation after a domestic violence conviction can be challenging. Public perception may be unforgiving, making it difficult for individuals to move forward in their personal and professional lives.

The consequences of a domestic violence conviction in El Paso County, CO, are far-reaching, impacting various aspects of an individual’s life. It is crucial for those facing such charges to seek legal counsel and address the underlying issues through rehabilitation programs. Additionally, community support and awareness play vital roles in preventing domestic violence and promoting a safer and healthier environment for everyone involved.

How can The Bussey Law Firm help you if you have domestic violence charges in El Paso County, CO? 

At The Bussey Law Firm, we understand the complexities and sensitivity surrounding domestic violence charges in El Paso County, Colorado. Our dedicated legal team is committed to providing comprehensive support and strategic representation for individuals facing such charges. Here’s how our firm can help you navigate the legal challenges associated with domestic violence allegations:

Experienced Legal Defense

Our firm boasts a team of experienced and skilled attorneys who focus on criminal defense, including domestic violence cases. We leverage our in-depth knowledge of Colorado’s legal system to build a robust defense tailored to the specific circumstances of your case.

Strategic Case Evaluation

Every domestic violence case is unique, and we conduct a thorough evaluation of the details surrounding your charges. This involves scrutinizing evidence, assessing witness statements, and identifying potential legal defenses to craft a strategic plan for your defense.

Protection of Your Rights

We are staunch advocates for protecting your constitutional rights. Whether it involves challenging the admissibility of evidence, questioning the validity of a search or arrest, or ensuring due process, our firm is dedicated to safeguarding your rights throughout the legal process.

Negotiation and Plea Bargaining

Our attorneys are skilled negotiators and will explore all avenues for achieving the best possible outcome for your case. This may involve negotiating with the prosecution to reduce charges, secure lenient sentencing, or explore alternative sentencing options.

Guidance on Protective Orders

If a protective order has been issued against you, our firm will provide guidance on navigating its terms to ensure compliance while minimizing disruptions to your life. We can also work to modify or lift protective orders when appropriate.

Comprehensive Support Throughout Legal Proceedings

Facing domestic violence charges can be emotionally challenging. The Bussey Law Firm is dedicated to providing compassionate support, keeping you informed at every stage of the legal process, and addressing any concerns or questions you may have.

Legal Experience for Related Matters

In addition to domestic violence defense, our El Paso County criminal defense lawyers have experience in related legal areas, such as family law and child custody. This comprehensive approach allows us to address the broader implications of domestic violence charges on various aspects of your life.

Client-Centered Approach

At The Bussey Law Firm, we prioritize a client-centered approach. We recognize the importance of understanding your unique situation and tailoring our legal strategy to meet your specific needs and goals.

If you are facing domestic violence charges in El Paso County, CO, The Bussey Law Firm is here to provide unwavering support and skilled legal representation. Contact us today for a confidential consultation to discuss your case and explore the best course of action for your defense.

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Understanding the impact of domestic violence on children in Fremont County, CO. https://www.thebusseylawfirm.com/understanding-the-impact-of-domestic-violence-on-children-in-fremont-county-co/ Tue, 09 Jan 2024 02:00:12 +0000 https://www.thebusseylawfirm.com/?p=3161 Domestic violence is a harrowing reality that affects not only the immediate victims but also leaves a lasting impact on those who witness or experience it, especially children. In Fremont County, Colorado, the repercussions of domestic violence on children have become a concerning issue, demanding attention and action from both the community and authorities. The [...]

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Domestic violence is a harrowing reality that affects not only the immediate victims but also leaves a lasting impact on those who witness or experience it, especially children. In Fremont County, Colorado, the repercussions of domestic violence on children have become a concerning issue, demanding attention and action from both the community and authorities.Understanding the impact of domestic violence on children in Fremont County CO.

The Silent Witnesses

Children exposed to domestic violence often become the unseen casualties of these distressing circumstances. They may not be the direct targets, but they bear witness to the trauma, tension, and fear that permeate their homes. According to reports from Fremont County’s social services and advocacy groups, an alarming number of children have been affected by these incidents, directly or indirectly.

Emotional Scars and Psychological Impact

The impact of domestic violence on children can manifest in various ways. Emotional scars left by such experiences can lead to a range of psychological issues, including anxiety, depression, post-traumatic stress disorder (PTSD), and behavioral problems. These children may struggle with trust issues, have difficulties forming healthy relationships, or even resort to self-harm as a coping mechanism.

Academic Challenges and Long-term Consequences

Beyond the immediate emotional toll, the repercussions of witnessing domestic violence can extend to academic performance and long-term prospects. Children may find it challenging to concentrate in school, leading to lower academic achievement. This, in turn, can affect their future opportunities and socioeconomic status, perpetuating a cycle of adversity.

Breaking the Cycle: The Importance of Intervention

Intervention and support systems play a pivotal role in mitigating the impact of domestic violence on children. Collaborative efforts involving law enforcement, mental health professionals, educators, and social workers are crucial in providing immediate assistance to the affected families. Counseling services, shelters, and community programs can offer a safe haven for children and families, helping them heal and rebuild their lives.

Preventive Measures and Community Support in Fremont County

Preventing domestic violence and its effects on children requires a multifaceted approach. Education about healthy relationships and conflict resolution should be integrated into school curriculums. Moreover, community-wide awareness campaigns and support groups can reduce the stigma associated with seeking help and encourage victims to come forward.

Empowering the Future Generation

Every child deserves a safe and nurturing environment to thrive. By addressing the impact of domestic violence on children in Fremont County, CO, the community can take proactive steps toward creating a safer and more supportive environment for its youngest members. By providing resources, advocating for policies that protect victims, and fostering a culture of empathy and support, Fremont County can empower its future generation to break free from the cycle of violence.

The impact of domestic violence on children in Fremont County, CO, is a pressing issue that demands immediate attention and collective action. By acknowledging the gravity of the situation and investing in preventive measures and robust support systems, the community can strive to create a safer, more resilient environment where children can grow and thrive, free from the haunting specter of domestic violence.

How can The Bussey Law Firm help you if you have a domestic violence case in Fremont County, CO?

At The Bussey Law Firm, we understand the gravity and sensitivity of domestic violence cases, especially in Fremont County, CO. Our dedicated team is committed to providing comprehensive legal support and advocacy for individuals facing such challenging situations.

Legal Experience and Guidance

If you find yourself involved in a domestic violence case in Fremont County, our firm offers skilled legal guidance tailored to your specific circumstances. We comprehend the intricacies of Colorado’s legal system regarding domestic violence, ensuring that you receive informed advice and representation every step of the way.

Protection Orders and Advocacy

Securing protection and safety is paramount in cases of domestic violence. Our firm assists clients in obtaining protection orders, ensuring immediate safeguards against further harm. We advocate fiercely on behalf of our clients to ensure their rights are protected and respected within the legal system.

Compassionate Support and Empathy

Navigating a domestic violence case can be emotionally taxing. At The Bussey Law Firm, we prioritize empathy and understanding, providing a supportive environment where clients feel heard and valued. We approach each case with compassion, offering not just legal assistance but also emotional support throughout the legal proceedings.

Collaboration and Resources

We understand that addressing domestic violence cases requires a multidisciplinary approach. Our firm collaborates with social services, mental health professionals, and other relevant organizations in Fremont County to ensure our clients have access to a comprehensive network of resources and support beyond the legal realm.

Strategic Defense and Resolution

For individuals facing accusations of domestic violence, our firm employs a strategic and thorough defense approach. our Fremont criminal defense attorneys meticulously analyze the details of the case, gather evidence, and construct a robust defense strategy aimed at achieving the best possible resolution for our clients.

Community Engagement and Advocacy

Beyond individual cases, The Bussey Law Firm is committed to advocating for systemic change and raising awareness about domestic violence issues within the Fremont County community. Through educational initiatives and community engagement, we strive to contribute to a safer and more supportive environment for everyone.

If you’re facing a domestic violence case in Fremont County, CO, The Bussey Law Firm stands ready to provide unwavering legal support, protection, and advocacy. Our dedication to our clients’ well-being and our commitment to seeking justice make us a steadfast ally in navigating these challenging circumstances.

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Does Self-Defense Apply in Domestic Violence Cases? https://www.thebusseylawfirm.com/does-self-defense-apply-in-domestic-violence-cases/ Fri, 24 Sep 2021 16:06:44 +0000 https://busseylawfirm.wpenginepowered.com/?p=578 In Colorado, if law enforcement is called out to a domestic incident, they are required to arrest someone. While you may honestly have acted in self-defense, you may find yourself arrested, taken to the police station, booked, and in jail until you post bond – just the start of some grave consequences.   The Challenges: Domestic [...]

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In Colorado, if law enforcement is called out to a domestic incident, they are required to arrest someone. While you may honestly have acted in self-defense, you may find yourself arrested, taken to the police station, booked, and in jail until you post bond – just the start of some grave consequences.

 

The Challenges: Domestic Violence Charges and You

Does Self-Defense Apply in Domestic Violence Cases?You have the right to defend yourself against an attack, but the other party may be untruthful and not admit he or she instigated the incident. The difference between self-defense and an act of domestic violence is the motivation behind the act. Determining the motivations of the parties that led to the charges is critical and requires an experienced criminal defense attorney.

In defending against a Colorado Springs domestic violence charge, the accused does not deny that the act occurred but presents evidence and testimony that he or she was in fear of imminent bodily harm and that the response to the threat or action was reasonable. In these cases, emotions are running high. Even if the alleged victim later recants and admits the story was exaggerated or untrue, the prosecutor may not choose to drop the charges – and often won’t, choosing to press forward.

You are then in a position where you must defend yourself in court – and you need a criminal defense lawyer that can present persuasive arguments to a jury. If you acted in self-defense, every legal action must be taken to exonerate you and free you from the burden of criminal charges and the risks to your professional and personal reputation.

Self Defense in Domestic Violence Cases: The Do’s and Don’ts

A person is not legally justified to use physical force if he or she provokes the use of unlawful physical force by the other person or is the initial aggressor.

In a domestic violence case, self-defense is called an “affirmative” defense. The law reads as follows:

“… a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; …”

The Case for the Defense

In some cases, the allegation breaks down to a “he said – she said” situation.  When it cannot be proven beyond a reasonable doubt that the accused did not act in self-defense it is likely that the charges will be reduced, or in some cases, dismissed, or an acquittal achieved at trial. The outcome of an accusation of committing an act of domestic violence rests, in large part, in the talent, dedication, and professionalism of your defense attorney.

Charged with a DV offense? Contact The Bussey Law Firm, P.C. at (719) 475-2555 for a free consultation.

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Can a Domestic Violence Victim Refuse to Testify? https://www.thebusseylawfirm.com/can-a-domestic-violence-victim-refuse-to-testify/ Thu, 12 Aug 2021 16:38:07 +0000 https://busseylawfirm.wpenginepowered.com/?p=591 Colorado laws are tough in cases of domestic violence. If a person calls 911 due to an attack, or threat of an attack by a domestic partner, the police are dispatched to the home. Law enforcement will arrive at the door, and they are obligated to make an arrest, to one or both people involved in [...]

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Colorado laws are tough in cases of domestic violence. If a person calls 911 due to an attack, or threat of an attack by a domestic partner, the police are dispatched to the home. Law enforcement will arrive at the door, and they are obligated to make an arrest, to one or both people involved in the incident.

 

In a large majority of cases, it is the male (husband, relationship partner, or other) who is arrested rather than a female. Even if the person who made the call changes his or her story about what occurred, charges will be filed.

After being arrested, even if you are completely innocent or were defending yourself, you will likely be held in jail for a period, waiting for a bail hearing. Once you post bail, you will be released, but will be subject to a restraining order that restricts you from returning to your home, contacting the alleged victim, possessing a firearm, consuming alcohol or controlled substances, or other restrictions. If you violate the restraining order, you will be arrested and returned to jail.

When the Alleged Victim Won’t Testify

Can a Domestic Violence Victim Refuse to Testify?A heated argument between domestic partners can escalate quickly and lead to a 911 call or a report of a domestic disturbance from a neighbor or other person. Once the two parties cool off, the person claiming to be a victim of domestic violence may recant and refuse to testify.

While this is a positive action, it will not stop the case from moving forward, as only the prosecutor can decide whether to drop the charges against you. This action requires the help of an experienced domestic violence defense attorney to seek to get the charges reduced or dropped. The earlier your attorney gets involved, the better it could be for you.

Domestic Violence Charges: The Elements of a Criminal Case

Domestic violence charges are filed under a specific set of circumstances:

  • Alleged physical abuse
  • An alleged threat of violence.
  • Act of violence or threat of violence against a third party (new partner, pet, friend, family member, etc.).
  • Crime against the property of the alleged victim intended to exercise control, intimidate, for revenge, punishment or to coerce.
  • In these cases, you will need to go to trial, plead not guilty, and seek to have your name and your reputation restored.

Penalties for Domestic Violence in Colorado Springs

The penalties imposed in a conviction achieved by the prosecutor, even when the alleged victim refuses to testify, will reflect whether the charge was filed as a misdemeanor or a felony, and the prior criminal record for similar crimes of the accused. Domestic violence enhances penalties imposed for a range of crimes, including:

The penalties imposed can include one to three years in state prison, fines ranging from $10,000 to $100,000 for cases in which the accused is considered an habitual offender.

Contact The Bussey Law Firm, P.C. at (719) 475-2555 immediately if you have been arrested for a domestic violence offense.

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Trying to Get Back with Your Ex for Valentine’s Day? https://www.thebusseylawfirm.com/trying-to-get-back-with-your-ex-for-valentines-day/ Mon, 12 Feb 2018 17:04:09 +0000 https://busseylawfirm.wpenginepowered.com/?p=770 Pop culture tells us that Valentine’s Day is a time for love, from romantic first dates to the rekindling of old flames. Unfortunately, for many people it can be a painful reminder of a relationship gone bad and ended through a difficult breakup. You might be tempted to reach out to your ex or make [...]

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Pop culture tells us that Valentine’s Day is a time for love, from romantic first dates to the rekindling of old flames. Unfortunately, for many people it can be a painful reminder of a relationship gone bad and ended through a difficult breakup. You might be tempted to reach out to your ex or make a grand gesture to try and win them back.

That’s all well and good…unless you’ve had a protection order issued against you.

What Is a Protection Order?

Trying to Get Back with Your Ex for Valentine’s Day?Most people are familiar with the term restraining order, but not everyone is clear on protection orders. Protection order means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing any protected person OR from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, OR from taking, transferring, concealing, harming, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by a protected person, OR any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court. C.R.S. § 13-14-101(2.4)(a) (2017).

The procedure for a protection order differs depending on whether it is a civil or criminal protection order. In a civil case, there are two stages a petitioner must go through to obtain a permanent protection order. First, he or she must obtain a temporary protection order. This order lasts up to 14 days, and in that time, there will be a hearing scheduled to determine whether the protection order shall be made permanent.

Because there is a lower burden of proof when it comes to civil actions, it’s very possible that the person restrained by the protection order was not actually a threat. Judges tend to err on the side of “caution,” so all the judge needs to find is that the person seeking the protection order is in imminent danger. This determination can be made initially based solely on the petition for the protection order. (How hard is it to act scared in court?)

If you’ve been served with a TRO and you have been falsely accused, it’s imperative that you seek out legal help immediately, because the future ramifications, to include potential damage to your reputation and career, can be immense.

How Can Reaching Out to My Ex Get Me Arrested?

If you were hoping to reconcile with your ex, a protection order makes it much more difficult and possibly criminal. The terms of a civil protection order can include, but are not limited to, restraining a person from threatening, molesting, injuring, and/or contacting the protected person or persons. C.R.S. § 13-14-105(1) (2017). Additionally, the order may exclude the person from the family home and award temporary care and custody of minor children. Id. If it is a criminal protection order issued pursuant to C.R.S. § 18-1-1001, it will, at a minimum, forbid the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. Additionally, the order will likely prohibit contact directly or through third parties and to stay away from any place the protected person is likely to be found.

This means not only are you not allowed to contact your ex in person, but calling them on the phone, texting them, or sending them an email is also forbidden. Even buying them a gift or sending them roses on Valentine’s Day would be a crime under the law, no matter your intentions. Additionally, any criminal charge resulting from violating a protection order will likely be charged as an act of domestic violence.

What Happens If a Protection Order Has Been Filed Against You?

The ramifications of having a protection order of any kind issued against you can be severe. That’s why it’s important to defend yourself.

So what options do you have? First of all, a person has the right to contest a mandatory protection order. If you were involved in a domestic violence incident, you might have been arrested under Colorado’s mandatory arrest law, meaning that not only will you need to fight to be released from jail, but the alleged victim will not be able to “drop” the charges, even if they want to.

This law, while well-intentioned to protect victims who might be under coercion, often means that innocent people are arrested because of misunderstandings. This can have a serious impact on a person’s life. He or she will be forced to give up any firearms. It may affect his or her job, and personal relationships now and in the future.

If you are faced with any kind of protection order or domestic violence charges, you should seek out a reputable Colorado Springs domestic violence defense attorney who can counsel you as to your rights and options. For a free consultation with the top-rated The Bussey Law Firm, P.C., please call (719) 475-2555. We know the season of love can also be the season of emotional battlefields, and we are here to assist you.

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If I Am Arrested For Domestic Violence, When Will I Get Out of Jail? https://www.thebusseylawfirm.com/if-i-am-arrested-for-domestic-violence-when-will-i-get-out-of-jail/ Mon, 09 Jan 2017 12:42:03 +0000 https://busseylawfirm.wpenginepowered.com/?p=935 If you or someone close to you is facing a domestic violence allegation in Colorado Springs, it is an incredibly stressful situation. Once law enforcement is involved there are a couple things that you should know. This blog will detail the beginning stages of what happens when a domestic violence allegation is leveled at a [...]

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If you or someone close to you is facing a domestic violence allegation in Colorado Springs, it is an incredibly stressful situation. Once law enforcement is involved there are a couple things that you should know. This blog will detail the beginning stages of what happens when a domestic violence allegation is leveled at a person.

Will I Get Arrested?

If I Am Arrested For Domestic Violence, When Will I Get Out of Jail?This is a common question that we are asked here at The Bussey Law Firm. The short answer is: yes. Colorado law has a mandatory arrest provision in its law for allegations that are domestic violence in nature. Pursuant to C.R.S. § 18-6-803.6(1), when a peace officer believes he or she has established probable cause that a crime has been committed and that the crime was committed as an act of domestic violence as defined by C.R.S. § 18-6-800.3(1), the officer shall arrest the person suspected of the offense.

When Will I Get Out Of Jail?

If a person is arrested for domestic violence allegations by law enforcement, or turns himself or herself in on an outstanding warrant for such allegations, he or she will not be able to post bail at first. A person may be given an estimation by law enforcement as to what the expected bond will be. Pursuant to C.R.S. § 18-1-1001(5), it will not be possible for a person to post bond and secure his or her release until, at the earliest, an initial advisement hearing. This hearing may be conducted in person or via video. The purpose of the hearing is twofold. First, the Judge or Magistrate advises a person of the offenses he or she potentially faces and the possible penalties for said offenses. Second, the Judge or Magistrate will advise the person of the Mandatory Protection Order pursuant to C.R.S. § 18-1-1001. The conditions of this protection order will likely include, but are not limited to, a no contact provision with the alleged victim for a period of time and a prohibition against firearms, alcohol, and drugs. If you do not challenge the Protection Order the Judge or Magistrate will then set a bond in your case. At this point, a person can secure his or her release from incarceration.

Can I Contest The Protection Order?

A person does have the right to contest the Mandatory Protection Order entered pursuant to C.R.S. § 18-1-1001. If they do choose to contest the Protection Order at the initial hearing the Judge or Magistrate will set a hearing for the contested Protection Order. However, the Judge or Magistrate will not set a bond on the case and the individual will be held in custody if the elect to challenge the protection order.

What Should I Do If I’m Going to Be Arrested?

Contact our team here at The Bussey Law Firm, P.C. Our Colorado Springs domestic violence attorneys understand the delicate and stressful nature of a domestic violence allegation and will work tirelessly to get you the best possible outcome. Call our office today at (719) 475-2555 to schedule a consultation with one of our attorneys.

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Five Things Best Left Unsaid at the Thanksgiving Table https://www.thebusseylawfirm.com/five-things-best-left-unsaid-at-the-thanksgiving-table/ Fri, 28 Nov 2014 14:28:29 +0000 https://busseylawfirm.wpenginepowered.com/?p=1066 The Thanksgiving table is perfectly set. The turkey is tasty and tender. The mashed potatoes are just right. And then it begins – the bickering. Thanksgiving is that wonderful time of the year when families come together to express gratitude for everything we have received during the year. But, what happens at the table may [...]

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The Thanksgiving table is perfectly set. The turkey is tasty and tender. The mashed potatoes are just right. And then it begins – the bickering. Thanksgiving is that wonderful time of the year when families come together to express gratitude for everything we have received during the year. But, what happens at the table may be something entirely different, which is why many of us dread the conversations more than we may dread the cooking.

Five Things Best Left Unsaid at the Thanksgiving Table
When it comes to maintaining peace at the Thanksgiving table, it is best to steer clear of topics that are inappropriate for the occasion. Here are five things that are best left unsaid at the Thanksgiving table:

1. Sweeping generalizations: These are always/never statements like: “You never call me back” or “You’ve always loved Jack more than you’ve loved me.” These types of statements can spark lengthy, conflict-ridden discussions, which is exactly what makes Thanksgiving a nightmare for many families.

2. Topics to avoid: Here are the big three: politics, money, and religion. Although it may be difficult, these are the subjects that often tear families apart. If these issues should come up, try to be as neutral and diplomatic as possible. And try to steer the conversation away – soon!

3. Negative family gossip: Gossiping about family members almost always never ends well. Instead, go around the table and list what each of you is thankful for. It’s a positive way to steer the conversation – and after all, it is the true meaning of Thanksgiving.

4. Avoid personal questions: Don’t you detest that family member who loves to ask probing questions about your personal life. Are you single? Who are you dating? Are you engaged? Are you married? Did you get a new job? The lesson here: Personal questions may put someone on the defensive and heighten tension at the table.

5. Silence is golden: Finally if you have nothing good or positive to say, don’t say it.

Timothy Bussey and his associates at The Bussey Law Firm, P.C. wish everyone a safe and joyful Thanksgiving.

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Arrests Made in Alleged 7-11 Car Theft and Kidnapping https://www.thebusseylawfirm.com/arrests-made-in-alleged-7-11-car-theft-and-kidnapping/ Mon, 26 Aug 2013 13:36:22 +0000 https://busseylawfirm.wpenginepowered.com/?p=1078 Two people were arrested after a vehicle was allegedly stolen with a child still in the backseat. According to a KOAA news report, the car was parked at a 7-11 on South Union in Colorado Springs. The man and woman left the car running with the child inside to use the ATM in the store. The car [...]

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Two people were arrested after a vehicle was allegedly stolen with a child still in the backseat. According to a KOAA news report, the car was parked at a 7-11 on South Union in Colorado Springs. The man and woman left the car running with the child inside to use the ATM in the store. The car was then allegedly stolen and left on Whitman road with the child inside, unharmed. The man and woman did not steal or kidnap the child, but they were arrested when police investigated the incident. The man faces charges of attempting to influence a public official and child abuse. The woman faces charges of obstruction and child abuse. Both had outstanding warrants.

Arrests Made in Alleged 7-11 Car Theft and Kidnapping
This complicated case has so far only resulted in the arrest of the people who left the car running with a child inside. Depending on the circumstances of the case, leaving a child unattended can be considered a form of abuse. Under Colorado Statute 18-6-401: “A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries.”

The most serious child abuse cases involve reckless behavior where the defendant knowingly caused the injury or unreasonably placed the child in a situation that posed a threat of injury. Whether or not a defendant will face misdemeanor or felony charges for abuse will depend on the criminal history of the defendant, the severity of the injuries suffered by the child, and the recklessness of the act that led to the arrest.

Abuse cases involving children can be extremely complicated and delicate. It is important to consider all possible explanations of what happened and the legal options available for the defendant. It is often possible to fight the charges, have evidence dismissed, and penalties reduced.

At The Bussey Law Firm P.C., we offer free and confidential case evaluations at (719) 475-2555 to anyone facing criminal charges in Colorado Springs. Please call our offices before discussing your case with the authorities.

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