Tuesday, February 17, 2015

What are the Penalties for Domestic Violence Crimes in Colorado?

According to Colorado Law, people are prohibited to carry out physical actions of violence against other people or properties under certain circumstances. In order for a particular act to actually qualify as crime of domestic violence, there should be intimate relationship between an aggressor and a victim, as defined by the statute.  

Definition of domestic violence 

Colorado Law defines domestic violence as a threat or actual act of violence against an individual with whom the dominant or aggressor individual has or had a close, intimate relationship. The scope of domestic violence also includes other crimes or municipal ordinance violations that are committed against any third party or any property with the intention of control, coercion, punishment, revenge or intimidation directed at an individual with whom an aggressor has or had a close, intimate relationship. For instance, a person who damages personal property of an ex-spouse as a form of intimidation is guilty of carry out a crime that involves domestic violence. 

A crime can be classified under domestic violence only when there is an intimate relationship between two individuals. An intimate relationship can be defined under the following terms:

  •   Former or current spouses;
  • Former or current unmarried couples;
  • Parents of same child whether or not they were ever married or stayed under the same roof    

Behaviors that qualify as domestic violence

There are different kinds of behaviors that qualify as domestic violence. These include the following:

 •    Calling names;
•    Throwing things;
•    Damaging property;
•    Forcing sexual contact;
•    Causing physically harm;
•    Threatening to use weapons;
•    Following or stalking behavior;
•    Imposing threat to pets or animals;
•    Harassing or threatening phone calls;
•    Abuser threatening to self-abuse or self-injure;
•    Threatening to sexually or physically abuse children;
•    Sexually or physically abusing children within the household;
•    Forcing the victim to stay within a closet, house, room, or some other location against will 

What is a domestic abuse protective order?

To prevent instances of domestic abuse from occurring, a civil protective order is issued by a county, district, juvenile, municipal or probate court. A protective order can restrain a defendant from threatening, harming or getting into physical contact with a protected person.
Penalties associated with domestic violence convictions 

Domestic violence is not regarded as a separate type of offense from underlying violence act. When a court finds a defendant guilty of domestic violence, the defendant will be sentenced by the court for the offense. However, the defendant will also be required to attend a domestic violence treatment program as well as receive evaluation for the treatment.   

Importance of hiring a domestic violence lawyer

There are various aspects of Colorado domestic violence law that you may not be fully aware of. For this reason, it is always advisable to get in touch with a professional domestic violence lawyer in Denver who can advice you on your rights and legal options. So whether you are accused of or have experienced domestic violence, a criminal defense attorney with experience in handling similar cases can help you out with your needs.

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Friday, February 6, 2015

Domestic Violence Facts and FAQs

Domestic violence is something that occurs more commonly than one might think. A variety of factors can be held responsible for them. In times of vulnerability, an individual might react aggressively based on unresolved emotions, or might feel provoked due to other circumstances. Violent behavior can also ensue from a need to defend oneself against a perceived threat. There can also be accidents or instances of unintended injuries. In such circumstances, one might feel the need to seek assault defense assistance from a professional legal practitioner. However, you also need to be aware of the various aspects that are associated with assault cases. So let's have a look at some of the most common FAQs regarding domestic violence.

Domestic Violence Facts & FAQs
What can be defined as domestic violence?  

Domestic violence can be defined as a form of abusive behavior that is used by a partner to exert control over the other within a close relationship. In more than 90% of all cases, the victims of domestic violence are women. There can be a number of ways in which domestic violence can occur. These include sexual assault, physical violence, economic control, emotional/psychological abuse or a combination of two or more of the factors presented here. It is a major crime that affects hundreds and thousands of people within the United States each day. Since the abusers make it difficult for the victims to quit these relationships, quite often the victims of domestic violence suffer for many years at the hands of their batterers. 

How can you tell that you are the victim of domestic abuse?

Abusers use a number of ways to intimidate, isolate and have power over their partners. The whole process of abuse may begin insidiously and become difficult to recognize. Your partner might seem generous and attentive at first, but later may show signs of over protectiveness, which then may gradually progress to frightening levels. This behavior is often explained by stating causes such as stress or other factors. 

Why victims often stay within abusive relationships?

It is often a difficult question to answer and might involve a number of complicated factors. The most probable cause for this is fear. The fear of being killed or injured by their partners often forces many women to stay in abusive relationships. Other factors that might make victims stay with abusive partners include economic dependence, a feeling of isolation, children, shame, guilt, previous failures of the legal system to respond, and societal and/or religious pressures. Abusers also strive hard to make sure that their victimized partners stay. Victims often have expectations for their partners to change, which make them stay in their relationships even if things go downhill. 

What are the various warning signs that are associated with an abusive relationship? 

The common warning signs of an abusive relationship include physical injury, fits of jealousy, threats, forced sex, economic control, stalking behavior outside home, criticism, spells of anger, threats of social alienation, etc.    

If you are looking for a domestic violence lawyer in Denver, then there are a number of reputable legal advisers that you can consult with.

Sunday, February 1, 2015

DUI Laws in Colorado Explained

The State of Colorado has strict laws when it comes to Driving under the Influence of Alcohol or Drugs (DUI) or Driving While Ability is Impaired (DWAI). The laws in Colorado in relation to DUI are similar to the DUI laws present in other states of the USA; however, the State of Colorado also observes a DWAI law that considers it illegal to drive with a lower BAC (blood alcohol concentration) level that’s lower than the majority of the states. If you have been charged with a DUI, DWAI or DUID (Driving under the Influence of Drugs) allegation, then it is important that you become well acquainted with the DUI laws in Colorado. Only a registered law firm in Denver can provide you with all the information that you need about DUI laws. Here is a detailed description of the different laws that are in practice in Colorado in relation to DUI cases.

DUI Laws Colorado 

What are the BAC Limits in Colorado?

BAC limits or blood alcohol concentration limits in Colorado for individuals over the age of 21 is 0.08%. For a person under the age of 21 years, the limit is 0.02%. The BAC limit for the DWAI cases is 0.05%

The Penalties for DWAI and DUI cases

DWAI First Offense: For a DWAI first offense, an individual can be fined anywhere between $200 and $500; gain 8 points toward a license suspension; and may need to perform community service for up to 48 hours. Presumptive jail time may vary between 2 days and 6 months if the BAC levels are 0.199% or less and can extend anywhere between 10 days and 1 years if the BAC levels exceed 0.20%. 

DUI First Offense: For a DUI first offense, an individual can have his or her license revoked for 9 months. The person may also need to pay fines anywhere between $600 and $1000 and serve jail time up to 1 year. The individual will also require performing community service up to 96 hours and enroll in alcohol education.

The penalties will increase substantially for each repeated offenses and may even require a person to opt for an ignition interlock device installed in the car. This will help in detecting the presence of alcohol on one’s breath, which, if exceeded a certain limit won’t allow the individual to turn on the car. The person can face penalties in case he or she tries to start the car after that. 

Laws regarding the arrest
A person convicted of DUI or DWAI can be arrested if the person fails the roadside sobriety evaluation which might involve anything from answering numerous questions to standing on a single leg to touching the nose and walking on a straight line. The individual will then be handcuffed and transported to a county or city jail. The vehicle of the individual will be taken by a tow truck and impounded. 

Express consent law in the State of Colorado

The Colorado consent law states that as a driver in Colorado you agree automatically for a chemical evaluation of your breath, blood and urine. In case you refuse to do so, your license can be revoked for a year.