Domestic Violence Legal Questions

Once a case is dismissed after the end of a deferred sentence it is no longer a conviction for purposes of firearm ownership.  That is especially true if you "seal" the case, which you can find the forms for at your local court clerk's office or online on the state court website, pull down the 'self - help' menu. ... Read More

That would be something you can bring up at the DVI Return Hearing to attack the credibility of the witness. That is not a major issue though as the Court will be lookng to see if an act of Domestic Violence occurred or whether the Petitioner has a reasonable fear of becoming a victim of Domestic Violence. Chris Ragano, Esq.... Read More

He may have to do some research to find a company that would hire him with his background. There are some companies who specialize in helping people with criminal backgrounds. He may also consider starting his own company. If he doesn't have a business background, maybe he could partner with someone who does.... Read More

The focus of domestic violence cases is to get the ‘offender’ into domestic violence treatment in Colorado.  Sometimes offers to resolve the case are made that ultimately result in dismissal of the case after completion of that treatment, sometimes that is not offered.  It can vary by county.  It is seldom that jail time is imposed on a first offense.  It is worth the boyfriend consulting a lawyer familiar with how domestic violence cases are handled in the county the charge is in.... Read More

It is completely up to you whether you talk with the prosecutor or not. No one can make you do so and no one can keep you from doing so.  You are a witness in the case, not the prosecutor's "client".  However, you MUST show up in court if you were served with a subpoena.  Without knowing any facts of the case it is hard to say if your talking with the prosecutor woudl help or hurt your husbands' case. You can hire your own lawyer to help you make that decision and to help you with the prosecutor, if you wish. The prosecutor will make their determineation of how to proceed independent of your wishes.... Read More

  Your friend needs professional advice from a therapist who concentrates in domestic violence cases.  This appears to be a classic abuse case where the victim keeps coing back for more.  There is also likely a victim's advocate through the court system who can discuss this with her.   As to "getting in trouble," the trouble is her contacting the abuser is poking big holes in the prosecution's case and opening wide the defense attorneys' ability to  get the abuser out of jail and back to abusing your friend.     If you are a true friend you will help her by contacting the right people to end this horrible cycle of abuse.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496   ... Read More

It depends what the question is on the application.  If the question is "have you ever been charged with ..." or "Have you ever plead guilty to..." then you probably have to answer "yes".  If it is "have you ever been convicted..." the answer is "no".  Once the case is sealed, Colorado law allows you to answer "no" to all of those questions, as if it never occured.... Read More

If you recant your statement as made to the police at the time the other person was arrested, it will not delete your previous statement - it will just add to it - i.e. "he/she said this to the police at the scene and is saying this now". Sometimes prosecutors charge people with "False Reporting" when they tell two different stories. As for talking tot he defendant's lawyer, many lawyers (including public defenders) do want a third party present when talking to the "victim" in a case - since at trial if there is an issue about what was said to them comes up, they can call the third party (investigator, etc.) to say what they heard you say.... Read More

A "victim" can always try to make their position known. Normally that is done, at least initally, through the District Attorney's office. Be aware, however, that the position you are taking is not unusual in a "domestic violence" situation and it is not uncommon for the DA to think that it helps prove you are a true vicitm (trying to "protect" tehe perpetrator). You can hiire your own lawyer as well, if you want more help getting your position across. If you go directly to the judge to get the protection order lifted, he/she will ask for the DA's position, so it makes more sense to start with the DA.  They will have you fill out a form explaining what you are asking for and why, then they will put their position on it, and file it with the Judge.  You can also contact your boyfriends lawyer and see if you can be of help to him/her. ... Read More

To answer your question, it is not a defene to a criminal charge that the victim was impaired.  Self-defense is another matter.  If you wish to recant whatever allegations you made while effectively unconscious due to the substance you had ingested, you can, which may or may not be considered by the prosecutor. Your boyfriend should consult with qualified criminal defense counsel.  And you should consider a course of counseling with someone experienced in drug and alcohol dependency, for his sake and your own, before something irreversible happens during one of those blackouts.... Read More

It would be very rare for the police to decide to charge the "victim" in the same case you are already charged in.  I am not saying they shouldn't, just that ti is unusual and I doubt they will.  You will definitely need a lawyer on your side if you plan to try to convince the prosecutor that you were the actual "victim" in the case.  These cases are very difficult and have to be handled by an attorney experienced in domestic violence cases. ... Read More