Aurora Domestic Violence Lawyer
Domestic violence charges in Aurora carry consequences that extend far beyond what most people anticipate when they first hear the allegation. A mandatory arrest policy, a no-drop prosecution approach from the Arapahoe County or Adams County District Attorney’s Office, and collateral consequences that follow a conviction for years: these are the realities that define how these cases actually unfold. An Aurora domestic violence lawyer who understands the local prosecution environment and the specific procedures that apply to these charges can be the difference between a conviction that reshapes your life and a resolution that preserves your future.
Colorado law defines domestic violence not as a standalone crime but as a sentence enhancer attached to any criminal charge when the alleged victim is or was an intimate partner. That legal structure shapes everything about how these cases are charged, how they are prosecuted, and what options exist for defense. It also means that the underlying charge could be something as serious as felony assault or as minor as harassment, and the domestic violence designation will follow it, triggering mandatory minimum sentencing provisions, treatment requirements, firearm prohibitions, and immigration consequences that can be devastating for non-citizens.
At DeChant Law, Reid DeChant has built a defense practice centered on genuine advocacy for people at some of the most difficult moments of their lives. As a former public defender who handled cases across Denver, Broomfield, and Adams County courtrooms, Reid has the courtroom experience that actually matters when a prosecutor is pursuing a domestic violence conviction. He has won cases that went to trial, including a strangulation charge dismissed by the District Attorney at trial, a domestic violence harassment charge dismissed at trial, and a domestic violence felony menacing charge dismissed upon motion. Those results reflect a defense approach that takes nothing for granted and prepares every case as though it will go in front of a jury.
What Colorado’s Domestic Violence Laws Actually Require Prosecutors to Prove
Aurora domestic violence cases are prosecuted under Colorado’s framework, which requires the state to prove two things: that the underlying criminal act occurred, and that it was committed against a person who is or was an intimate partner of the defendant. Intimate partner includes current and former spouses, current and former unmarried couples, and co-parents of shared children. Roommates and family members who do not share a romantic or co-parenting relationship typically do not qualify under this definition, which matters because the designation itself changes the trajectory of the case dramatically.
Colorado’s mandatory arrest statute requires law enforcement to make an arrest when responding to a domestic violence call and when probable cause exists. Officers do not give discretion to the alleged victim about whether an arrest happens. Once an arrest is made, the prosecution takes over the charging decision, and Colorado operates under a no-drop policy in most jurisdictions, meaning the alleged victim cannot simply ask prosecutors to dismiss the case. This catches many people off guard, particularly in situations where the alleged victim and the defendant have reconciled or where the alleged victim does not want to cooperate with prosecution. A domestic violence attorney in Aurora who has navigated these dynamics repeatedly understands how to approach a case where the complaining witness is reluctant or recants, and how to use that in building a defense strategy.
Charges Most Commonly Filed in Aurora Domestic Violence Cases
- Third Degree Assault with a Domestic Violence Designation: One of the most frequently charged offenses, involving physical contact that causes pain or injury to an intimate partner. Under Colorado law, this is a Class 1 misdemeanor, but the domestic violence designation triggers mandatory treatment programs and firearm surrender requirements that go beyond the standard misdemeanor sentence.
- Harassment: Often charged when no physical contact occurred, covering conduct such as striking, shoving, or following a person in a public place, as well as repeated communications that alarm or seriously annoy. Aurora police frequently file harassment charges in situations where the physical evidence is minimal but a complaint was made.
- Strangulation: Charged as a felony under Colorado law when someone knowingly or recklessly applies pressure to the throat or neck of another person that impedes normal breathing or blood circulation. Strangulation charges are aggressively prosecuted, often based primarily on the alleged victim’s account and medical observations, making the defense investigation of physical evidence critical.
- Felony Menacing: Charged when a person knowingly places another person in fear of imminent serious bodily injury by use of a deadly weapon or representation of a deadly weapon. In domestic violence contexts, this often arises from arguments where a weapon was present or allegedly displayed, even without any physical contact.
- Criminal Mischief: Covers intentional damage to another person’s property and is frequently charged in domestic situations involving broken phones, damaged belongings, or property destruction during a conflict. The damage value determines whether this is charged as a misdemeanor or felony.
- False Imprisonment: Charged when one person confines another without consent, and without legal authority to do so. In domestic violence cases, this often appears alongside assault charges when an alleged victim claims they were prevented from leaving a room or a vehicle.
- Violation of a Protection Order: After a domestic violence arrest, a mandatory protection order is typically issued prohibiting contact with the alleged victim. Violations of that order are themselves criminal charges, and a domestic violence attorney in Aurora will advise clients clearly and specifically on what the order requires to avoid compounding an already serious situation.
The Path Through Aurora’s Court System After a Domestic Violence Arrest
Aurora domestic violence cases are filed in either the Arapahoe County Combined Courts in Centennial or the Adams County District Court in Brighton, depending on where the alleged offense occurred within Aurora’s boundaries. Aurora spans parts of both Arapahoe and Adams counties, and occasionally Douglas County as well. Knowing which courthouse will handle the case matters from the earliest stages because it determines which prosecutor’s office will handle the charge, which judges are assigned, and what the typical case timelines look like.
After an arrest, the first court appearance is typically an advisement, where the charges are formally read, bond is set, and a mandatory protection order is issued as a condition of bond. That protection order is not optional. It issues automatically in Colorado domestic violence cases, regardless of the alleged victim’s wishes, and it typically prohibits contact with the alleged victim and requires the defendant to vacate any shared residence. The practical consequences of that order can be severe and immediate, affecting housing, co-parenting arrangements, and the ability to have any communication with a partner or family member. Retaining a domestic violence attorney in Aurora before or immediately after the first appearance gives counsel the opportunity to address bond conditions and protection order scope at the earliest possible stage.
One of the most common mistakes people make in the immediate aftermath of a domestic violence arrest is attempting to contact the alleged victim directly to explain the situation, apologize, or work things out. Any contact that violates the protection order is a new crime, and prosecutors view such contact as consciousness of guilt. The second most common mistake is making statements to police without counsel present. Colorado officers responding to domestic violence calls are trained to gather statements from all parties, and anything said at the scene or during subsequent interviews can be used as evidence. If you have already been arrested, the most important next step is retaining counsel before any further contact with law enforcement or prosecutors.
Documentation gathered in the hours and days following an incident can become critical to the defense. Photographs of the scene, text messages or communications from before and after the alleged incident, witness contact information, and any evidence of the alleged victim’s behavior or statements can all form the foundation of a defense investigation. An experienced defense lawyer will move quickly to preserve this evidence before it is lost.
Why DeChant Law Handles Aurora Domestic Violence Defense Differently
Reid DeChant’s background as a former public defender gave him something that most private defense attorneys lack: genuine, high-volume trial experience across a wide range of domestic violence and violent crime allegations. He has defended clients charged with harassment, third degree assault, strangulation, felony menacing, and false imprisonment, all in the domestic violence context, and he has taken cases to trial when trial was the right answer. His case results include a domestic violence strangulation charge dismissed by the District Attorney at trial, a domestic violence harassment case dismissed at trial out of Adams County, a domestic violence felony menacing charge dismissed upon motion, and a domestic violence third degree assault and false imprisonment verdict of not guilty at trial. These are not common outcomes. They reflect trial preparation, witness examination skills, and the ability to build a defense narrative that resonates with juries.
Reid is a graduate of the Trial Lawyers College, the program founded by Gerry Spence that trains attorneys in the kind of authentic storytelling and human connection that actually moves juries. Domestic violence cases are frequently decided on credibility, on whose account a jury believes, and on whether the defense can present a coherent, honest narrative of what actually happened. Reid’s training in psychodrama and narrative advocacy is directly applicable to the type of complex credibility battles that domestic violence cases present. He is also a member of the National Association of Criminal Defense Lawyers and the Colorado Criminal Defense Bar, which reflect both professional commitment and access to the defense strategies being developed by the best criminal defense minds working in this area.
Questions People Ask About Domestic Violence Charges in Aurora
Can the alleged victim drop the charges against me?
No. In Colorado, domestic violence charges are brought by the state, not by the alleged victim. Once a case is filed, only the prosecutor has the authority to dismiss it. The alleged victim’s cooperation or lack of cooperation can influence how a case develops, and if the alleged victim recants or declines to testify, that can affect the prosecution’s evidence, but it does not automatically result in dismissal. A defense attorney who has handled cases with uncooperative or recanting witnesses understands how to use that reality in the defense strategy.
What happens to my firearm rights after a domestic violence charge?
Federal law prohibits anyone subject to certain protective orders and anyone convicted of a qualifying domestic violence misdemeanor from possessing firearms. In Colorado, after a domestic violence arrest, the court will typically issue a protection order that includes a firearms prohibition and a requirement to surrender any weapons. Even if you are ultimately acquitted, you will be prohibited from possessing firearms for the duration of the case while the protection order is in effect. A conviction, even on a misdemeanor domestic violence charge, can result in a permanent federal prohibition on firearm possession.
Will a domestic violence conviction appear on a background check?
Yes. A domestic violence conviction in Colorado will appear on a criminal background check and can affect employment, professional licensing, housing applications, and immigration status. Colorado’s sealing laws have limitations that apply to domestic violence convictions, and in many cases these records cannot be sealed. Understanding the long-term consequences of a conviction is a significant part of why fighting these charges from the beginning matters.
What is a deferred judgment and how does it apply in domestic violence cases?
A deferred judgment is a plea arrangement where the defendant enters a guilty plea that is held in abeyance for a set period during which they complete probation and any required treatment. If successfully completed, the guilty plea is withdrawn and the case is dismissed. Colorado law does permit deferred judgments in domestic violence cases under certain circumstances, and while it is not a conviction, it does require the defendant to complete mandatory domestic violence treatment and abide by conditions. Discussing whether a deferred judgment is appropriate for your specific situation is something to work through carefully with your attorney before any decision is made.
What does mandatory domestic violence treatment involve?
Colorado requires that anyone convicted of or entering a plea related to a domestic violence offense complete a state-approved domestic violence treatment program. These programs are structured by Colorado statute and typically involve a minimum of 36 weeks of group and individual sessions, regular reporting to the court, and compliance monitoring. The treatment requirement applies even if the underlying offense appears relatively minor.
What if the alleged victim and I share children and the protection order prevents me from being near my kids?
This is one of the most painful practical consequences of a domestic violence arrest in Aurora, and it requires immediate attention. If a protection order prevents contact with the alleged victim and your children live with that person, you may be immediately separated from your children as a condition of bond. Your defense attorney can work with the court to modify protection order terms to allow for communication or visitation related to shared children, but this requires legal action and should not be attempted informally or through third parties without counsel’s guidance.
My domestic violence case is in Arapahoe County. Does that affect my defense options compared to Adams County?
Yes, in practical terms. Different county courts have different prosecutorial cultures, different judges who handle domestic violence cases, and sometimes different tendencies in how cases are resolved. Arapahoe County cases are heard at the Arapahoe County Combined Courts in Centennial. Adams County cases are heard in Brighton. A defense attorney who has appeared in both courtrooms understands the differences that matter at the level of individual courtroom dynamics, and that knowledge informs strategy from the earliest stages of a case.
Can a domestic violence charge affect my immigration status?
Potentially yes, and significantly. Federal immigration law treats domestic violence convictions and certain protective orders as grounds for deportation and inadmissibility for non-citizens. If you are not a United States citizen, the immigration consequences of any plea or conviction in a domestic violence case must be carefully analyzed before any decision about resolution is made. This requires coordination between your criminal defense attorney and an immigration attorney who understands how criminal records interact with immigration law.
What if the incident was mutual or I acted in self-defense?
Colorado law recognizes self-defense as a valid defense to assault and related charges, and mutual combatant situations do arise in domestic contexts. The challenge in domestic violence cases is that mandatory arrest policies often result in one person being arrested even when both parties were involved in physical conflict. Building a self-defense argument requires a careful review of the physical evidence, witness accounts, medical records, and the sequence of events. This is exactly the kind of defense that requires thorough investigation from the earliest point in the case.
Is it worth fighting a domestic violence charge if the evidence seems strong?
Yes, in most cases. Even when the evidence appears substantial, there are often significant questions about witness credibility, physical evidence interpretation, constitutional compliance by officers during the arrest and investigation, and the reliability of statements gathered in the immediate aftermath of an incident. Cases that appear strong for the prosecution at filing have been won at trial with proper preparation. Beyond the possibility of acquittal, a defense attorney who is fully engaged in a case creates negotiating leverage that a defendant without meaningful representation simply does not have. The long-term consequences of a domestic violence conviction are serious enough that leaving any viable defense unexplored is not a decision to make passively.
DeChant Law’s Domestic Violence Defense Coverage Across Aurora and the Surrounding Region
DeChant Law represents clients throughout Aurora’s sprawling geography, from the established neighborhoods along Havana Street and Peoria Street through the commercial corridors near Buckley Space Force Base and eastward into the newer developments along Gun Club Road and E-470. The firm serves clients in every corner of Aurora, including the Stapleton and Montbello-adjacent communities near the Denver border, the residential areas around Cherry Creek State Park, and the neighborhoods of south Aurora that extend toward Centennial and Parker Road.
Cases arising in the Arapahoe County portion of Aurora are handled in Centennial. Cases from the Adams County portion are handled in Brighton. The firm also appears regularly in Denver County courts for clients whose cases arise in areas near the Aurora-Denver boundary. Beyond Aurora itself, DeChant Law defends domestic violence charges throughout the Denver metro region, including Englewood, Littleton, Greenwood Village, and the communities along the I-225 corridor. Clients from Westminster, Thornton, Commerce City, and the eastern suburban communities of the Front Range also turn to the firm for domestic violence defense. The firm’s representation extends to Lakewood, Arvada, and the Jefferson County courts in Golden, as well as the Douglas County courts in Castle Rock for clients in the Parker and Lone Tree areas.
Aurora Domestic Violence Attorney Ready to Work on Your Case
A domestic violence charge in Aurora moves quickly, and the early decisions in a case carry real weight. From the terms of the protection order to how the defense investigation is built to whether a case should be contested at trial or resolved through negotiation, every decision matters and every decision requires someone who understands what is actually at stake. If you are facing these charges, contact DeChant Law to speak with an Aurora domestic violence attorney who has handled these cases at every level, from initial hearings through contested jury trials, and who treats every client’s situation with the seriousness it deserves.
