Domestic violence allegations can be a life-altering experience, leaving you with a whirlwind of emotions and unanswered questions. One critical question that might arise, especially if some time has passed since the alleged incident, is: Does the statute of limitations apply? In Colorado, the legal timeframe for legal action can be complex, especially when domestic violence is involved. It is crucial to understand your rights and options.
Below, the experienced Boulder domestic violence defense attorneys of The Ferrell Law Firm, PLLC, guide you through Colorado’s domestic violence laws, the statute of limitations, and defense strategies you should be aware of.
What Is the Statute of Limitations?
The statute of limitations (SOL) sets a time limit for initiating legal action. After this period, courts usually do not permit further legal action. This ensures timely and fair proceedings and preserves evidence and witness testimonies.
Colorado’s Domestic Violence Statute
In Colorado, domestic violence is an enhancement to other offenses, such as assault, harassment, and stalking, when they occur between intimate partners or family members. Colorado Revised Statutes (C.R.S) Section 18-6-800.3, domestic violence includes any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.
It also encompasses any crime against a person or property used as a method of coercion, control, punishment, intimidation, or revenge against an intimate partner.
Other key provisions include:
Mandatory Arrest Law
Colorado requires law enforcement to arrest the person suspected of committing domestic abuse if they have probable cause to believe domestic violence has occurred. This immediate intervention aims to de-escalate situations and protect victims from further harm.
No-Drop Policy
Once domestic violence charges are filed, they cannot be dropped by the victim. Only the prosecutor has the authority to dismiss the charges.
Protection Orders
When domestic violence charges are filed, automatic protection orders are issued against the accused. These orders can include restrictions on contact and requirements to vacate shared residences.
Colorado’s SOL for Domestic Violence Civil Claims
Before 2018, domestic violence cases followed the general statute of limitations for assault or battery, which was one year. Recognizing the unique challenges faced by victims, a specific statute of limitations for Colorado domestic violence civil claims was enacted.
CRS Section 13-80-103.6 provides a six-year window for victims to file civil lawsuits seeking damages from domestic violence. This timeframe starts from the later of two dates:
- Six years after a disability is removed. This applies if the domestic violence resulted in a disability, like a severe traumatic brain injury or PTSD, that hindered you from filing a lawsuit promptly.
- Six years after the cause of action accrues. This refers to the date when the domestic violence incident took place.
Regardless of a persistent disability, a lawsuit must be filed within twenty years of the incident.
Speaking with an experienced lawyer can help navigate legal complexities and create a solid defense plan within the SOL. Note that this statute of limitations applies to civil lawsuits for damages, not criminal charges, which have different time frames.
Statute of Limitations for Criminal Domestic Violence Charges
The statute of limitations for criminal domestic violence in Colorado varies based on the severity of the offense:
- Misdemeanor Domestic Violence. The statute of limitations is 18 months from the incident date.
- Felony Domestic Violence. The statute of limitations is typically three years from the incident date.
- Sexual Assault. If the domestic violence incident includes sexual assault, the statute of limitations is generally 20 years, extendable under certain conditions, such as the presence of DNA evidence.
Once the statute of limitations expires, prosecutors cannot file charges for that particular incident. This protects individuals from being continuously at risk of prosecution.
Civil Domestic Violence Cases vs. Criminal Cases
The burden of proof in civil domestic violence cases is lower than in criminal cases. In civil domestic violence cases, the standard of proof is typically a preponderance of the evidence, which means that the evidence must show that it is more likely than not that the alleged events occurred, as opposed to the higher standard of proving beyond a reasonable doubt in criminal cases. Civil cases often result in protective orders or financial compensation rather than incarceration.
Consequences of a Domestic Violence Conviction
The penalties for a Colorado domestic violence charge depend on the circumstances of the case. They can range from a Class 3 felony with a sentence of up to 32 years in prison and a maximum fine of $750,000 to a Class 1 misdemeanor carrying a sentence of up to 18 months and a $1,000 fine.
A DV conviction can also impact your job prospects, professional licenses, child custody/parental rights, ability to get housing and loans, and even military status.
Defending Against Domestic Violence Charges in Colorado
If you are facing domestic violence charges in Colorado, it is vital to seek experienced legal counsel. At The Ferrell Law Firm, PLLC, we understand the emotional toll of these accusations and are dedicated to providing robust and strategic defense strategies for our clients:
Dissecting the Evidence
The burden of proof lies with the prosecution. They must demonstrate your guilt beyond a reasonable doubt. A strong defense depends on compelling evidence. We will diligently gather and present evidence to support your case. This may include:
- Securing witness testimonies from individuals who can corroborate your version of events.
- Obtaining medical records may contradict the accuser’s claims of injuries.
- Presenting documentation or witness testimony to establish your whereabouts during the alleged incident.
- Analyzing any physical evidence from the scene to support your narrative.
- Identifying inconsistencies or discrepancies in the accuser’s statements, timeline of events, or witness testimonies that may contradict the alleged incident.
- Identifying discrepancies in the physical evidence.
- Questioning witness credibility, establishing potential biases or motivations of witnesses presented by the prosecution
By scrutinizing the evidence, we can create reasonable doubt in the judge’s or jury’s minds, potentially leading to a dismissal of the charges. Our experienced attorneys have a proven track record of collecting and presenting evidence that maximizes your chances of a successful outcome.
Protecting You from False Allegations
Unfortunately, false allegations of domestic violence do occur. We understand the gravity of such accusations and will work diligently to expose their falsehood. This may involve:
- Presenting alibi witnesses to establish the accused’s presence elsewhere during the alleged incident,
- Providing physical evidence that contradicts the accusations, and
- Presenting proof of a history of peaceful relationship dynamics to challenge false allegations effectively.
We aim to ensure that your side of the story is heard and that justice prevails.
Asserting Your Right to Self-Defense
In some situations, using force to defend yourself from immediate harm may be justified. Colorado law recognizes self-defense as a legitimate defense against domestic violence charges. Our team will assess the situation and consider factors such as:
- The immediacy and credibility of the threat,
- The proportionality of the force used, and
- The absence of safe retreat options when evaluating the legitimacy of self-defense in domestic violence cases.
By demonstrating these elements, we can argue that your actions were justified in self-defense.
Checking for Procedural Errors
Law enforcement officers must follow specific procedures during investigations and arrests. Any violation of these procedures could lead to the suppression of evidence or even the dismissal of charges. Our lawyers will meticulously review the details of your arrest to ensure your rights were not violated. Potential areas of examination include:
- Probable cause for arrest. Did the arresting officer have sufficient justification to detain you?
- Chain of custody. Was evidence collected and handled according to proper legal protocols?
- Miranda warnings. Were you informed of your right to remain silent and your right to an attorney?
If any procedural irregularities are found, they can be used to your advantage and potentially weaken the prosecution’s case.
When Facing Accusations, Experience Matters: Contact Ferrell Law Firm, PLLC
The Ferrell Law Firm, PLLC, has experienced and dedicated attorneys who understand the complexities of domestic violence cases. Our firm is known for achieving positive outcomes for clients facing domestic violence accusations. We combine legal expertise with a compassionate approach, ensuring your voice is heard throughout the legal process. Contact us today and take the first step to defending yourself.
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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