When Colorado officers respond to a suspected domestic-violence call, they are not free to exercise discretion the way they might on a bar fight between strangers. Under C.R.S. § 18-6-803.6, Colorado's mandatory-arrest statute, the officers must arrest when they have probable cause to believe a crime involving domestic violence has occurred — regardless of what the alleged victim wants to happen.
Why "Probable Cause" Is the Operative Phrase
Probable cause is a very low standard. It does not require proof, corroboration, or admission. A visible mark, a torn shirt, a tearful statement on the 911 audio, or even an officer's assessment of demeanor can meet the probable-cause threshold. That is by design: the Colorado legislature decided after years of study that officer discretion in DV calls produced bad outcomes, so they removed the discretion.
"I Don't Want to Press Charges" — and Why It Doesn't Matter
This often surprises both parties. A couple gets into a heated argument, police are called, someone says something they didn't mean, and both people now want the whole thing to go away. It does not go away. The officer is required to arrest the "predominant aggressor," and the case is filed by the DA — not by the complaining witness.
What Happens After the Arrest
Within hours, a mandatory protection order is entered. Typical conditions:
- No contact with the protected party — in person, phone, text, social media, or through third parties
- Exclusion from the shared residence, even if owned or leased by the arrested person
- Firearm surrender within 24 hours under C.R.S. § 18-6-801(8)
- Prohibition from alcohol and controlled substances (common, not automatic)
These orders remain in place until the case is fully resolved. They can be modified with a motion — something Daniel regularly files early in Colorado domestic violence defense representations to restore practical stability (custody of shared pets, access to personal property, and so on). When the order itself becomes the center of the dispute, Daniel also handles Colorado protection order defense.
The Charge vs. the Enhancer
Colorado's DV framework is unusual: "domestic violence" is not a standalone crime. It is a sentence enhancer under C.R.S. § 18-6-800.3 that rides alongside an underlying offense (most commonly third-degree assault, harassment, or criminal mischief). A defense strategy that knocks out the enhancer — by attacking the "intimate relationship" element, for example — often avoids the worst collateral consequences (mandatory treatment, firearm loss) even if the underlying charge remains.
What a Defense Attorney Does First
- Files a Letter of Representation to preserve body-camera video and 911 audio
- Moves to modify the protection order to allow non-intimidating contact or return to the home
- Interviews the complainant (when ethically permitted) and any witnesses
- Prepares the case for trial from day one — even when a plea is the likely outcome
Frequently Asked Questions
Can a DV arrest be expunged?
Colorado uses "sealing," not expungement. An arrest record can be sealed if the case is dismissed or results in an acquittal. Convictions are much harder to seal and most DV convictions are sealed only under narrow circumstances.
What if the injuries were mutual?
Colorado's statute directs officers to identify a "predominant aggressor" rather than arresting both parties. When both are arrested, the affirmative defense of self-defense is often the strongest path to dismissal or acquittal of the less-aggressive party.
