A domestic violence accusation can destroy your reputation in the blink of an eye, even when the accusation is not credible. Someone can falsely accuse another person of domestic violence for several different reasons. Unfortunately, overzealous and aggressive prosecutors may file charges against you based on false accusations of domestic violence.
A skilled Boulder domestic violence attorney can review the details of your case and determine why you were falsely accused of domestic violence. Once we find out why you were falsely accused, we can build a strategy to bolster the falsity of the accusations and demonstrate your innocence. Contact a lawyer at The Ferrell Law Firm, PLLC, today to schedule an initial consultation.
What Qualifies as a Domestic Violence Accusation?
False accusations of domestic violence typically arise in chaotic, emotional situations between people with a lot of history. In Colorado, domestic violence is an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. The following people are in intimate relationships:
- Current or former spouses,
- Past or present unmarried couples, and
- Parents who share a child.
Domestic violence also includes any other criminal acts used to control or hurt someone with whom the actor is or has been involved in an intimate relationship. For example, someone commits domestic violence by destroying their spouse’s property to prevent them from leaving the relationship.
Can I Face Domestic Violence Charges in Colorado Stemming from False Accusations?
Colorado does not outline a single criminal offense for domestic violence. Instead, a sentencing enhancement applies to convictions where domestic violence is present. The following criminal offenses can include a domestic violence sentencing enhancement:
- Assault,
- Menacing,
- Criminal mischief,
- Kidnapping,
- Stalking,
- Child abuse,
- Sexual assault,
- Harassment,
- Elder abuse, and
- False imprisonment.
Any criminal violation in Colorado involving intimate partners is eligible for a domestic violence sentencing enhancement.
What Happens After a False Domestic Violence Accusation?
If law enforcement responds to an active domestic violence incident, they will typically arrest at least one person involved in the incident.
If you are arrested after false accusations of domestic violence, the court will automatically issue a mandatory protection order (MPO) against you. The MPO prohibits you from attempting to do any of the following to witnesses or victims of the alleged crime:
- Intimidate
- Harass,
- Molest,
- Tamper with, or
- Retaliate against them.
The judge can include a no-contact order in the MPO, as well as an order to vacate any shared residence. Therefore, the false accusations can leave you without a place to live, unable to see your children, and barred from talking to potential witnesses.
The no-contact order prohibits you from trying to contact the alleged victim of the crime. Any forms of contact are prohibited, including:
- In-person contact,
- Online calls or messages,
- Text messages,
- Communication sent through third parties, or
- Handwritten communication.
The MPO and no-contact order extend until the criminal case is resolved. The defendant’s conduct must involve either physical touching or some element of direct or indirect communication or attempted communication with the victim to constitute “contact” that violates the MPO.
Violating an MPO is a class 2 misdemeanor punishable by up to 364 days in jail and up to $1,000 in fines. A subsequent MPO violation is a class 1 misdemeanor punishable by up to 18 months in jail and a $5,000 fine.
Why Would Someone Make False Accusations of Domestic Violence?
Common justifications for falsely accusing another person of domestic violence include:
- Revenge,
- Child custody considerations, or
- Mistaken identity.
Your accuser likely realizes that dealing domestic violence charges is a difficult process that can cost thousands of dollars. Falsely accusing someone of domestic violence is an easy option for someone who wants to see you suffer. Alternatively, a party wrongfully accuses you of domestic violence to gain an advantage in a child custody dispute. A skilled attorney can gather evidence to prove the accuser’s motivation to harm your reputation.
In other cases, the accuser may falsely identify you as the perpetrator of the accident. This is possible when a witness only heard an altercation and did not witness it. They might mistakenly identify you when in fact it was another person engaged in the dispute.
What Should I Do If I Am Wrongfully Accused of Domestic Violence?
A domestic violence accusation is a serious matter, even when it is not true. Many individuals falsely accused of domestic violence do not know what to do next. Our team prepared the guide below to help.
Contact a Domestic Violence Lawyer
District attorneys handle thousands of domestic violence cases every year and possess extensive experience proving elements of domestic violence crimes. You should not risk your freedom by going up against the prosecutors on your own. You can hire a seasoned domestic violence attorney to level the playing field and protect your rights.
You should not answer questions from police about the accusations until you hire an attorney to represent you. Law enforcement will twist your answers to make you look guilty.
Preserve Relevant Evidence
You should collect and preserve any exculpatory evidence or evidence that proves your innocence. For example, if you have text messages or emails that negate elements of the criminal charge, preserve the communications for your attorney. Any evidence that contradicts the accusations against you is relevant to the case.
Avoid Interaction with Your Accuser
You should not attempt to contact the person who falsely accused you of domestic violence. Trying to communicate with your accuser can make things worse by resulting in additional charges. If your accuser tries to contact you, contact your lawyer so we can communicate on your behalf.
Falsely Accused of Domestic Violence in Colorado? Contact an Attorney at The Ferrell Law Firm, PLLC, to Discuss Your Case
A domestic violence conviction can result in criminal penalties and other long-lasting consequences that affect your future employment opportunities and reputation.
Michael Ferrell has experience working in the District Attorney’s Office, giving him unique insight into what evidence the state uses to prove domestic violence accusations.
Our team is committed to protecting our clients’ rights and fighting tirelessly to secure a favorable outcome on their behalf. Contact our office today to schedule an appointment.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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