Police Response and Domestic Violence Charges in Colorado

What to expect when Colorado police respond to a domestic violence call and how charges move forward.

Police Response and Domestic Violence Charges in Colorado

This page explains, in general terms, what may happen in Colorado when police are called for a domestic incident and how criminal charges can move forward. It is information only and not legal advice. Laws and procedures can change, and experiences can differ by county, police service, and court.

When Someone Calls the Police for a Domestic Incident in Colorado

When police are called to a possible domestic violence situation in Colorado, they usually:

• Arrive at the location, try to separate the people involved, and check for immediate safety concerns
• Speak with the person who called, the other person, and sometimes witnesses or neighbours
• Look for visible injuries, damaged property, or signs of a struggle
• Check for weapons and may remove weapons from the area for safety
• Ask if there are children present and where they are

Police may also ask about past incidents, threats, or patterns of controlling behaviour, not just what happened that day.

Mandatory Arrest and “Primary Aggressor” in Plain Language

Colorado is often described as having a “mandatory arrest” approach in domestic violence cases. In everyday language, this usually means:

• If police have probable cause to believe that a crime involving domestic violence has happened, they are generally expected to make an arrest
• They are not supposed to base the decision only on whether the survivor wants the person arrested

Officers are also expected to identify the “primary aggressor.” This usually means the person who appears to be the main or most serious source of harm, not simply whoever struck first or whoever is more injured at that moment.

To identify the primary aggressor, police may look at:

• History of threats or violence between the people involved
• Differences in size, strength, or fear
• Any obvious injuries, damage, or weapons
• Whether someone might have acted in self‑defence

Arrest vs. Criminal Charges

Being arrested and being formally charged are related, but they are not the same thing.

What an Arrest Means

An arrest usually means police believe there is enough reason (probable cause) to think that a crime occurred and that a particular person committed it. After an arrest, the person is typically taken to jail for booking (fingerprints, photo, basic information).

What Criminal Charges Mean

Criminal charges are decided by the prosecutor (often called the district attorney in Colorado), not by police. After reviewing the police report and other information, the prosecutor can:

• File formal charges, sometimes including “domestic violence” as a sentencing enhancer
• File different or fewer charges than what police recommended
• Decide not to file charges (sometimes called “declining” the case)

Even if a survivor later asks that charges be dropped, the prosecutor usually decides whether a case continues. Domestic violence cases are treated as crimes against the state, not private disputes.

What May Happen Right After an Arrest

Jail and Booking

After an arrest for a domestic violence‑related offense, the person is generally taken to a local jail. There, they are booked, and may be kept in custody until they see a judge.

Bond (Bail) and Release Conditions

In Colorado, many people arrested on domestic violence‑related charges will have conditions set before they can be released. These may include:

• Paying money or posting bond to be released
• Agreeing to follow specific rules, such as obeying a no‑contact order
• Sometimes, remaining in custody until a first court appearance

No‑Contact Orders

In domestic violence cases, a mandatory protection order (often a no‑contact order) is commonly issued in the criminal case. This order can:

• Prohibit the accused person from contacting the survivor directly or indirectly
• Order the person not to go to the survivor’s home, work, or school
• Require them to surrender firearms, depending on the case and the judge’s orders

Sometimes the order also addresses contact with children, but this can overlap or conflict with family court orders, which may need clarification from the courts.

First Court Dates

After arrest, the person usually has an initial appearance or advisement hearing. At this hearing, the judge may:

• Formally tell the person what they are charged with
• Review or change the bond amount
• Confirm or adjust the no‑contact order and other conditions
• Set future court dates, such as pretrial conferences or trial dates

How Survivors May Be Notified About Hearings and Release

Colorado has different systems for notifying survivors about case developments. These can include:

• Notification programs through the local jail or sheriff’s office about release from custody
• Victim services units within police departments or district attorney offices
• Automated phone, text, or email systems that provide updates on court dates and case status, if someone is registered

To receive information, a survivor may need to:

• Provide safe contact information to victim services or the court
• Update contact details if phone numbers or addresses change
• Confirm how messages should be delivered to avoid increasing risk (for example, avoiding voicemail messages if they might be overheard)

Additional support options, including information on criminal processes and safety planning, can also be found through resources listed at https://www.dv.support.

How Criminal Cases Can Interact With Civil Protection Orders

In Colorado, criminal domestic violence cases and civil protection orders are separate but connected processes.

Criminal Mandatory Protection Orders

As part of a criminal case, the judge often issues a mandatory protection order automatically. This order is tied to the criminal file and usually lasts while the criminal case is active, unless changed by the court.

Civil Protection Orders

Separately, a person may apply in civil court for a protection order (sometimes called a restraining order). A civil protection order can:

• Be requested even if there is no criminal case
• Stay in place after a criminal case is finished, if granted as a permanent order
• Sometimes cover more detailed arrangements, such as residence access or child exchanges, depending on the judge’s order

When both types of orders exist, they can overlap or have different terms. Courts generally expect everyone to follow the strictest conditions when orders do not fully match, but only a Colorado lawyer can explain how this applies in a specific case.

Interaction With Family Court and Parenting Issues

Criminal domestic violence cases can affect family court proceedings, such as:

• Parenting time and decision‑making orders
• Supervised or restricted contact with children
• Exchanges of children being arranged in public or supervised locations

Family court judges may consider:

• Arrests and criminal charges related to domestic violence
• Existing criminal no‑contact or protection orders
• Safety concerns raised by either party

At the same time, family court orders about parenting time or communication do not override criminal no‑contact orders. If one order says there can be contact (for example, to discuss children) and the criminal order says no contact, the criminal order usually controls until changed by the criminal court.

Important Limitations and Reminders

This overview:

• Is based on general information about Colorado practices, not on any specific county or case
• Cannot cover every situation, exception, or change in law
• Is not a substitute for legal advice from a Colorado‑licensed lawyer

Experiences with police, jails, and courts can vary widely, and systemic barriers can affect how different communities are treated. Some people may choose not to involve the criminal system or may decide to step back from a case later. Those choices are personal and often complex.

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