QUESTION

if someone is acquitted in a domestic violence case can that case be used later to demonstrate history or repeat behavior in a different case?

Asked on Jan 15th, 2022 on Domestic Violence - Colorado
More details to this question:
A few years ago a guy I know was acquitted in a domestic violence case his ex girlfriend filed. The woman he dated *after* that is pressing charges against him for breaking her wrist, beating her up, along with a few other things. Can the case he was acquitted in be used to show a pattern of DV behavior or anything in her case?
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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There is some possibility that the prosecutor could use this 'prior offense' as evidence of a similar plan, scheme, design, identity, modus operandi, motive or guilty knowledge in the enw case, at trial, against this fellow. BUT it takes the judge finding it meets the requiremetns for admission and the fact he was found not guilty may sway the judge to not allow it.
Answered on Jan 17th, 2022 at 7:47 AM

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