Domestic violence is a serious matter. According to data from the Colorado Department of Public Health and Environment, approximately 37 percent of women and 31 percent of men will endure domestic violence at some point during their lives. With that being said, false allegations absolutely do happen. Any person accused of domestic violence is presumed innocent until proven guilty.
You have the right to defend yourself in court. A proactive approach is a must when facing a domestic abuse allegation. At The Martin Law Firm, we have the experience needed to handle these cases. Here, our Montrose defense lawyer provides a step-by-step guide on what you should do if falsely accused of this crime in Colorado.
Step #1: Avoid Any Direct Confrontation With the Accuser
There are few things more frustrating and hurtful than being falsely accused of domestic violence. It is a violation of your trust and it puts you at risk of jail time. That you are angry is entirely understandable. However, once the police are involved, you need to defend yourself formally through the proper legal channels. Direct confrontation creates risk in every domestic violence case, even when the allegation is false. Colorado courts view tension between the parties as a warning sign. Any argument, in-person contact, or heated exchange can be misinterpreted and used against you. The best thing you can do is to step back, call a lawyer, and start building your defense.
Step #2: Do Not Speak to Police or Prosecutors Without a Defense Lawyer
If you are innocent of domestic violence allegations, it is normal and reasonable to want to tell your story. However, if the police are involved, you need a lawyer. They are not on your side, even if you know that you are innocent. Police officers gather information quickly when they get domestic violence calls. Their priority is immediate safety, not nuance. One implication of that posture is that they are trained to take all allegations seriously. They will assume that an allegation is true and then work from there when trying to gather evidence. Anything you say can appear in the report. Even small details can be misinterpreted. The Fifth Amendment to the U.S. Constitution protects your right to remain silent. Use it. Do not say anything to the police, especially if you have been arrested. Your Colorado domestic violence defense lawyer can handle communication. There will be a time to tell your side of the story. It is best to do so with the help of an attorney.
Step #3: Make Sure You Understand the Exact Allegations
It is important to know the exact allegations that are being made against you. Knowledge is one of the keys to raising a successful defense against a false domestic violence charge. False allegations of domestic abuse often start with incomplete facts or emotional conflict. Colorado’s primary domestic violence statute is C.R.S. § 18-6-800.3. It includes any act or threat used to coerce, control, punish, intimidate, or retaliate against an intimate partner. You must understand the specific conduct the accuser claims. Your defense lawyer can help you put the pieces together.
Step #4: Know the Terms of the Mandatory Protection Order (MPO) and Comply with Them
If you are arrested for domestic violence, you will be subject to an MPO. That is automatic as a matter of state law. Indeed, Colorado issues a Mandatory Protection Order (MPO) in every domestic violence case. It applies immediately and remains in effect until the case ends. You must follow it exactly. Any contact with the accuser can trigger a separate criminal charge. Even if the accuser reaches out, you cannot respond. Courts view compliance as a threshold requirement. Violating the MPO harms your credibility and strengthens the prosecution’s narrative. Further, you can actually be arrested and charged with an additional criminal offense if you breach an MPO.
Note: Colorado courts can modify a Mandatory Protection Order. However, they will only do so in certain circumstances. A judge will evaluate safety concerns, the nature of the allegation, the relationship between the parties, and the reasons for the requested change. Modification may allow limited contact, third-party communication, or return to a shared residence. If you believe the initial MPO is too restrictive, your defense lawyer can help you seek a modification.
Step #5: Gather, Preserve, and Organize All Relevant Evidence
Evidence matters. While you are presumed innocent until proven guilty and the burden of proof rests on the shoulders of the prosecution, it is imperative that you work proactively to build a strong case to assert your innocence. Domestic violence cases often depend on credibility. You need clear documentation that supports your version of events. To the best extent you can, you should save messages, call logs, social media posts, photographs, and any other evidence that shows your behavior and your interactions with the accuser. You should write down your recollection of the incident while it is fresh and identify potential witnesses. The more details you have, the better.
Step #6: Develop a Defense Strategy With a Colorado Domestic Violence Attorney
You should consult with an experienced Colorado domestic violence defense lawyer as soon as possible. The sooner you connect with an attorney, the better positioned you will be to build and present your defense. Colorado domestic violence law has unique procedures, enhanced penalties, and mandatory court conditions. An attorney who understands this system can analyze the allegation, identify weaknesses in the evidence, and build a timeline that supports your account. There is no one-size-fits-all defense strategy for false domestic violence charges. Your attorney can review the specific circumstances in question to determine how you can best proceed.
Step #7: Be Aware of the Potential Family Law Implications
A false allegation of domestic abuse can have major implications for family law rights in Colorado, especially for parents. Colorado family courts often consider domestic violence evidence when deciding temporary orders, parenting time, and decision-making responsibilities. An accusation can influence emergency custody filings, relocation requests, and ongoing divorce proceedings. Even without a conviction, the allegation may shape how a judge views stability and safety. The criminal case is a top priority, but your defense should be raised with consideration of your family law rights.
How Our Colorado Domestic Violence Defense Lawyer Can Help
The unfortunate reality is that false domestic abuse charges are sometimes made. If you are facing a false allegation, it is imperative that you take immediate action to protect your rights, your freedom, and your future. Attorney Brent Martin has the knowledge and experience that you can trust when it matters most. With considerable expertise in Colorado domestic violence law, we are ready to review your case and develop a comprehensive defense strategy. Contact us at our Montrose law office today for a strictly confidential initial consultation with a top-rated Colorado defense lawyer.
Get Legal Help Today
At The Martin Law Firm, our Colorado domestic violence defense lawyer handles these cases with the care and sensitivity that they require. We always put our clients’ needs first. If you were falsely accused of domestic abuse, our team can help. Contact us for a strictly private, no-commitment initial consultation. We defend domestic violence charges in Montrose and throughout the wider region, including in San Miguel County, Montrose County, Delta County, and Gunnison County.