Colorado law requires that a person arrested for a domestic violence offense remain in custody until they can physically be taken before a judge to set bond and also so the judge can explain that they are ordered to have NO CONTACT with the alleged victim. That means your son will not be able to live in the same household as or have any communication with his wife - at least for a while. If the son is not a named "victim" (i.e. he is not also charged with child abuse, as an example) then the judge should be asked to make visitiation arrangements temporarily while the NO CONTACT order is in place. This is a complex and difficult legal situation and he should hire a lawyer as soon as he can. NOTE: The alleged victim does not control whether the case goes forward or how strongly it is prosecuted - but they do get to have "input" with the prosecutor so their wishes are known.
Answered on Dec 03rd, 2016 at 8:18 AM