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Rose Zapor
Rose Zapor, Family Lawyer
Category: Family Law
Satisfied Customers: 81
Experience:  Ten years as a Family Lawyer, Published author.
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In the state of colorado, how can I get the case of domestic

Customer Question

In the state of colorado, how can I get the case of domestic violence dropped? I never called 911, and was safe and unhurt when the police came to our home and arrested my boyfriend.
Submitted: 5 years ago.
Category: Family Law
Expert:  socrateaser replied 5 years ago.

The police wouldn't have showed up unless someone reported something. If that person testifies to what they said or heard, then that may be sufficient to make a case for DV.

 

However, if you, as the alleged victim did not feel abused, and there was no physical evidence of any abuse, then I don't see how the case could be prosecuted.

 

Which would mean that the case will be dropped, unless your boyfriend confessed or decides to plead guilty.

 

 

Expert:  Rose Zapor replied 5 years ago.
In addtion to the answer above - in Colorado anytime there is a domestic violence call, the police are required to arrest the person they beleive to be the abuser - man or woman. Due to the high number of recantations, the cases are often prosecuted regardless of your testimony. Your boyfriend will probably be sentenced to "anger management" classes. If his attorney is any good, he will get a deferred sentence that allows him to avoid jail time if he complies with the court and does not get into any additional trouble.

Good Luck,
Rose
Customer: replied 5 years ago.
I called for advice, (i know now how stupid that was) and even though I insisted that the police did not come out they said they had to, and also had to make an arrest. I did say that I felt scared and threatened, which I did, however I was not hit or otherwise. My boyfriend has a history of substance abuse, and is seeking help after last weekend. I do not feel he should have to serve jail time since he did not hit me. I called because I needed him to leave the next day before my daughter came home and wondered what my rights were.
Expert:  Rose Zapor replied 5 years ago.
Once the police make the arrest, the matter is out of your hands. Because it is a crmiinal case, only the district attorney can say what will happen to the case. You are not a party, only a witness. Any rights you have you can discuss with a victim assistance cousnelor. You do not hat the right to say what will or will not happen at a trial or even if there will be a trial.

Good Luck,

Rose

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Disclaimer --- There is no attorney/client privilege created by this exchange and the answer being provided is informational only and does not constitute legal advice.

Rose Zapor, Family Lawyer
Category: Family Law
Satisfied Customers: 81
Experience: Ten years as a Family Lawyer, Published author.
Rose Zapor and 4 other Family Law Specialists are ready to help you
Expert:  socrateaser replied 5 years ago.

It still comes down to the same thing: does the prosecutor have sufficient evidence to convict your boyfriend without your testimony?

 

Unfortunately, if you said you "felt scared and threatened," that would probably be sufficient to make a prima facie case of domestic abuse. So, even if you were to refuse to testify, the 911 tape could potentially be used as evidence of the boyfriend's actions at the time -- especially if you actually sounded scared on the tape.

 

Your boyfriend needs a lawyer to help deal with this. He's not likely to avoid the charges, regardless of what you do.

 

 

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