There are many scenarios that may result in someone being unfairly accused of domestic violence in Colorado. Perhaps neighbors, likely with good intentions, called the police during an incident that they did not understand from the outside. Maybe a family member or romantic partner, in a moment of anger, made an exaggerated statement to the police. However, when they try to walk back their previous accusations after understanding the impact of the claims that they have made, the criminal justice process may move on without them.
If a prosecutor believes that they can file domestic violence charges, the alleged victim recanting typically has minimal impact on that process. If the victim stepping forward to say that no crime occurred isn’t enough, how could someone accused of domestic violence in Colorado defend against those charges?
By providing an alternate explanation
What police officers witness and record is typically only a tiny fraction of what occurred between two people. Therefore, filling in the blanks can provide a fresh perspective that can help a jury determine that no crime actually occurred. There could be a perfectly reasonable explanation for why an argument became heated and for what may have looked like domestic violence but was really a simple overreaction on the part of one party.
By proving reactive abuse
There are scenarios in which police officers arrest the individual who has repeatedly had to endure the misconduct of the other party. Reactive abuse occurs when someone who has long experienced mistreatment from a family member or intimate partner lashes out after something pushes them too far. Showing that there is a history of instability or violence from a partner could help someone raise questions about why they acted a certain way.
By raising questions about the state’s evidence
From the circumstances when the police gained entry to someone’s home to the way that they analyzed the evidence, there are numerous factors that can raise questions about the evidence used to build the state’s case. Bringing in expert witnesses to provide an alternate analysis of state evidence can raise questions about what really occurred, and excluding evidence could help weaken the state’s case.
There is no single solution that works in every domestic violence case, which is why those who have been accused of such offenses in Colorado typically need to seek legal guidance in order to plan the best path forward. Choosing to fight back against domestic violence charges rather than pleading guilty is typically the best means of minimizing the consequences that a recent arrest could inspire.