Mandatory Arrest in Colorado Domestic Violence Cases: What You Need to Know
Domestic violence allegations trigger an immediate and mandatory response in Colorado. State law requires police officers to arrest someone at the scene if they find probable cause—even when the facts are unclear or no physical evidence exists. This legal structure often results in criminal charges based solely on one person’s version of events, long before a prosecutor or judge reviews the case.
Colorado’s Definition of Domestic Violence
The Colorado Revised Statutes define domestic violence broadly:
“Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. It also includes any other crime—against a person, property, or even an animal—when used as a method of coercion, control, punishment, intimidation, or revenge. (§ 18-6-800.3, C.R.S.)
This includes a wide range of charges: assault, harassment, stalking, destruction of property, and more. An “intimate relationship” includes current or former spouses, romantic partners, casual partners, and co-parents, regardless of whether the relationship is ongoing.
How Mandatory Arrest Works in Practice
Under § 18-6-803.6, C.R.S., law enforcement must arrest someone if they have probable cause to believe a domestic violence offense occurred. Probable cause is a low standard, and officers can base it solely on a person’s statement—even when there are conflicting stories or no visible injuries.
Because of this, police arrest someone in nearly every domestic violence call. Officers must make quick judgment calls that normally fall within the role of prosecutors and judges. The result? Many innocent people—or those who acted in self-defense—find themselves facing serious criminal charges.
This issue becomes even more complex when paired with Colorado’s “no-drop” policy, which prevents prosecutors from dismissing domestic violence cases just because the alleged victim no longer wants to proceed. (We address that topic in another article.)
Why Legal Representation Is Critical
The legal landscape surrounding domestic violence in Colorado is aggressive, fast-moving, and unforgiving. Attempting to navigate it without experienced legal counsel can lead to disastrous outcomes. At Pav Law, we bring deep expertise and strategic insight to every DV case we handle. Our attorneys understand the nuances of Colorado’s mandatory arrest and prosecution policies and how to challenge weak or unjust charges effectively.
If you have been accused of domestic violence, you cannot afford to take chances. Trust Pav Law to provide the authoritative, experienced representation you need to protect your rights, your record, and your future.
👉 Call now or request your free case evaluation, today.
