PartOne       

What happens when 911 is called in the context of an alleged act of Domestic Violence?

The followingarticle describes some of the difficulties that arise under Colorado'sharsh domestic violence. *

The followingdescribes what will, or may have already happened to you if someone,and it need not be your intimate partner, reports you for domesticviolence.

1. Oncemade, a 911 call cannot be cancelled. The police must respond. Ifthe phone is hung up after dialing, the emergency response team willcall back. If no answer, or foul play is suspected, and it almostalways is, the police will respond to investigate.

If youinterfere with a person making a 911 call you can be charged with afelony in Colorado.

Note thata woman may obtain the same results as dialing 911 by going to ahospital, a doctor, or going to the police station. If you call foran ambulance, the police will likely arrive first and investigatewith a presumption of domestic violence.

2. Thepolice will enter your home and search for evidence of violencewithout a warrant.

3. Anarrest must be made if domesticviolence is alleged by anyone calling 911, or is inferred by thepolice or dispatcher C.R.S.§ 18-6-803.6 whether or not the caller is involved in thealleged incident. Once the police arrive, one or both of the partieswill be arrested, although almost invariably it is only the male. Ifchildren are present, they may be placed in foster care or left inthe care of the female, even when the male has been defending thechildren against the woman.

4. Youcannot be released, i.e., a summons issued in lieu of arrest, at thescene of the alleged crime C.R.S.§ 16-3-105 when domestic violence is involved.

5.If one of the parties should seek medical treatment after adispute then doctors and hospitals are required C.R.S.§ 12-36-135 to report the case to the police. However, ifthe victim is male that often isn't done. Once reported, the otherparty in the dispute will be arrestedregardless of any physical evidence. The statements of the partyseeking medical aid will not be questioned before the trial. Medicalevidence and prior history of the accuser, e.g., alcoholism, mentalinstability, or pre-existing medical problems of the "victim"will probably be suppressed by the prosecution during a trial.

6. Oncearrested, you will be held in jail for an indefinite period usuallywithout an opportunity to post bail before appearing before amagistrate. Since domestic disputes often occur on a Friday evening,this commonly means a weekend in jail and almost always at least anight.

7. Youwill eventually be given a hearing before a magistrate or judge.If(?) you have been released on bail before the hearing, you mustshow up in court or you will lose all future rights. It is stronglyrecommended that you plead not guiltyat the hearing. Neither the court nor the district attorney candismiss the case regardless of how ridiculous the charges may seemagainst you. Do not try and make any statement other than "Notguilty." The court may require a bond or release youon your own recognizance. If you have previously posted a bond andyou are released on your own recognizance you may ask to have thebond lifted.

You may beable to have some terms of the automatic restraining order againstyou lifted or modified at the hearing, e.g., the no contact ordermay be lifted so that you can go home again, depending on thecircumstances.

8. Inorder to be released from jail you must sign a mandatory restrainingorder C.R.S.§ 18-1-1001. The restraining order will include C.R.S.§ 18-1-1001 (3):

(a) Anorder to vacate or stay away from the home of the victim and to stayaway from any other location where the victim is likely to be found;

(b) Anorder to refrain from contact or direct or indirect communicationwith the victim;

(c) Anorder prohibiting possession or control of firearms or otherweapons;

(d) Anorder prohibiting possession or consumption of alcohol or controlledsubstances; and

(e) Anyother order the court deems appropriate to protect the safety of thealleged victim.

9. Fromthe time the restraining order is imposed until it is cleared fromall databases it is a violation of Federal Law18U.S.C. § 922(g)(8 and 9) to purchase, acquire, or be inpossession of firearms or other dangerous weapons, e.g., swords,grenades, explosives, ammunition, etc. This isa felony with a mandatory minimimuof 5 years in prison if convicted.

Collectorsitems are held to be in this category as well. "Inpossession" generally means in the same room as, or in closeproximity to. If you are visiting a friend and they have a guncollection, you are in violation and could be sentenced to fiveyears (minimum) in prison.

Thus, ifyou have a gun collection, swords, etc., have a friend or relativecollect them for you and remove them to storage in a place you donot have access to until after you are sure the restraining orderhas been lifted and your name removed fromthe state and federal databases. That will usually require aseparate motion to the court or personally carrying a copy of thecourt order of dismissal to a Colorado Bureau of Investigationoffice.

As asafety measure you should have a gun dealer run a check on you afterthe order is dismissed to be absolutely sure your name has beenremoved from all databases.

10. If, atany time, you violate any of the terms of the restrainingorder, however inadvertently, you willbe put in jail. Since the restraining order requires you tostay a minimum distance from her, if she sees you in a shoppingmall, or you pass her on a highway, you may have violated therestraining order and will be jailed. So make absolutely sure youkeep clear of her. If you are living in the same town, you are in extremedanger of this kind of harassment from her, and it is reported to behappening ever more frequently. If there are multiple offensesagainst the restraining order the law requires that the sentences beserved consecutively.

11. TheDistrict Attorney cannot dismiss adomestic violence case or plea bargain it to anything that does notinvolve domestic violence C.R.S.§ 18-6-801 (3). Realistically, theonly way you can clear your record of a domestic violence charge isto go through a jury trial.

12. If youplead guilty, nolo contendre (no contest),or are convicted, the restrainingorder you signed may be made permanent,a lifetime sentence. Be aware that the lawforbids any plea bargain that does notinvolve pleading guilty to a domestic violence charge unless the DAcan represent to the Judge that he/she cannot prove domesticviolence under the law (a very rare occurence) .

Thepunishment is virtually certain to include 36 weeks of therapy thatyou will have to pay for. And even if you are found guilty at trialthe punishment will be the same as if you pled guilty.

13. Youwill be placed on the Colorado Bureau of Investigation (CBI) C.R.S.§ 18-6-803.7 and the FBI's National Instant Check Systemfor life based solely on the arrestrecord unless you can prove yourself innocent and thentake extraordinary steps to have your name removed. Under Federallaw you will never again be able to own,possess, or control a weapon or any dangerous instrument such asexplosives 18U.S.C. § 922(g)(8). However, that will notbe explained to you by the local court or prosecutor.

14. Aconviction on a charge of domestic violence will probably mean lossof your job if you work in a profession that requires use offirearms, explosives, or other dangerous agents. Such a convictionwill probably also deny you a security clearance or financial bond.Medical doctors with such convictions often find they cannotcontinue to practice medicine.

15. Ifyou are an immigrant, or in the United States on a visa, onceconvicted of domestic violence you may be deported.Under a 1996 federal law, that ruling applies whether you pleadguilty, no contest, plea bargain, or accept a deferred judgement.The law requiring deportation also applies to a wide range of crimesranging from manslaughter to misdemeanor drunken driving, as well asdomestic violence.

16. If youplead guilty, no contest, or are convicted, every time a policeofficer or other government official has occasion to check yourbackground, for example during a routine traffic stop, you willappear on their database as having a domestic violence or abuserestraining order against you. Even if proven innocent, and you havenot taken expensive and time consuming measures to have your nameremoved, your name will remain on thesedatabases. Such information will be available even if you arecleared should you require a security clearance or a financial bond.Job reference checks on COcourtwill also show you have a record so it may be difficult to get newemployment.

17. If atany point after a restraining order is granted, when accosted by apolice officer and you are in the company of the person who has therestraining order against you, with or without that person'spermission to be there, you will bearrested. For example, you and your wife may have quarreled and youpled no contest to get it over with. You and your wife then get backtogether but don't bother, or can't afford attorney fees to get therecord cleared. You are breaking the terms of the restraining orderand you will be arrested if stopped by thepolice.

*Thearticle is taken with the author's permission (seehttp://www.dvmen.org)