If you're involved in a domestic violence situation in Aurora—whether you need protection from abuse or you've been accused of domestic violence—understanding your legal rights and options is essential. Colorado law takes domestic violence seriously, and the legal consequences can affect your safety, your family, your housing, and your future. This post will walk you through what domestic violence means under Colorado law, how protection orders work, what penalties you might face if accused, and how a domestic violence lawyer can help you navigate the system.
Domestic violence cases in Aurora are handled through the 18th Judicial District Court and local municipal courts. Whether you're seeking a restraining order, defending against charges, or dealing with family law matters complicated by domestic violence allegations, knowing what to expect from the legal process can help you make informed decisions and protect your rights.
What Qualifies as Domestic Violence Under Colorado Law?
In Colorado, domestic violence isn't a standalone criminal charge—it's a sentencing enhancement that applies when certain crimes occur between people in an intimate relationship. Under Colorado Revised Statutes § 18-6-800.3, domestic violence is defined as "an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship."
An intimate relationship includes current or former spouses, unmarried couples living together, people who have a child together, or anyone in a romantic or sexual relationship. The actual crimes can range from harassment and assault to criminal mischief, trespassing, or violations of protection orders. What makes these charges "domestic violence" is the relationship between the people involved, not the specific act itself.
This matters because when a crime is charged with the domestic violence enhancement, it triggers mandatory arrest policies, specific bond conditions, and potential loss of gun rights. Even a misdemeanor domestic violence conviction can have long-term consequences under both Colorado and federal law.
Understanding Protection Orders and Restraining Orders in Aurora
If you're experiencing domestic violence, Colorado law gives you the right to seek a civil protection order—commonly called a restraining order. There are two types: temporary and permanent.
A temporary protection order can be issued quickly, often the same day you file, without the other person being present. You'll complete a petition at the courthouse explaining the situation and why you need protection. If a judge finds reasonable cause to believe you're in danger, they'll issue a temporary order that typically lasts until a full hearing can be scheduled, usually within 14 days.
At the full hearing, both sides have the opportunity to present evidence and testimony. If the judge determines by a preponderance of the evidence that you've been the victim of domestic abuse or are in imminent danger, they can issue a permanent protection order. Despite the name, these orders aren't truly permanent—they can last from several months to indefinitely, depending on the circumstances.
A protection order can require the restrained person to stay away from you, your home, your workplace, and your children's school. It can also address temporary custody, parenting time, and possession of the home if you lived together. Violating a protection order is a criminal offense that can result in arrest and additional charges.
In Aurora, you can file for a protection order at the Arapahoe County Justice Center or online through the Colorado Courts website. You don't need a lawyer to file, but legal representation can be helpful, especially if the case involves custody issues or if the other party has an attorney.
Penalties and Consequences of Domestic Violence Charges
The penalties for domestic violence charges in Aurora depend on the underlying crime and your criminal history. Because domestic violence is a sentencing enhancement rather than a standalone charge, you'll be charged with the specific crime—such as third-degree assault, harassment, or criminal mischief—with the domestic violence designation added.
For a first offense involving a misdemeanor crime, you might face jail time ranging from a few days to up to two years (for class 1 misdemeanors), fines, probation, and mandatory domestic violence treatment classes. Colorado law requires anyone convicted of a domestic violence offense to complete a domestic violence offender management treatment program approved by the Colorado Domestic Violence Offender Management Board. These programs typically last 36 weeks at minimum and can cost several thousand dollars.
A second or subsequent domestic violence conviction within seven years automatically elevates certain charges. For example, a second domestic violence assault can be charged as a felony, carrying potential prison time of one to three years.
Beyond criminal penalties, a domestic violence conviction carries collateral consequences. Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition—permanently. This can affect your career if you work in law enforcement, security, or the military. A conviction can also impact child custody determinations, housing applications, professional licenses, and immigration status.
Aurora follows Colorado's mandatory arrest policy for domestic violence calls. If police respond to a domestic violence incident and have probable cause to believe a crime occurred, they're required to arrest someone—even if the alleged victim doesn't want to press charges. The decision to prosecute is made by the District Attorney's office, not by the victim.
How a Domestic Violence Lawyer Can Help If You've Been Accused
If you've been arrested or charged with a domestic violence offense in Aurora, you have the right to legal representation. A domestic violence lawyer familiar with Colorado law and the 18th Judicial District can help you understand the charges, build a defense, and navigate both the criminal case and any related protection order proceedings.
One of the first things a lawyer will do is review the evidence against you—police reports, witness statements, photographs, medical records, and any recorded statements. They'll look for inconsistencies, procedural errors, or constitutional violations that could weaken the prosecution's case. For example, if police obtained evidence through an illegal search or if your Miranda rights weren't properly read, that evidence might be suppressible.
Your lawyer can also challenge the credibility of witnesses and present evidence in your favor. Domestic violence allegations are sometimes made falsely or exaggerated during custody disputes, divorces, or emotionally charged breakups. Text messages, emails, social media posts, and witness testimony can sometimes contradict the allegations or provide context that changes the narrative.
In many cases, a lawyer can negotiate with prosecutors for reduced charges, dismissal, or alternative sentencing options. Depending on the circumstances and your criminal history, options might include deferred judgment, plea agreements to lesser charges without the domestic violence designation, or diversion programs that allow you to avoid a conviction if you complete certain requirements.
Even if your case goes to trial, having a lawyer who understands Colorado's domestic violence laws and local court procedures is crucial. They'll cross-examine witnesses, challenge the prosecution's evidence, present your defense, and argue for your rights throughout the process.
How a Domestic Violence Lawyer Can Help If You're Seeking Protection
If you're the victim of domestic violence and seeking a protection order or dealing with related criminal proceedings, a lawyer can guide you through the process and help ensure your rights are protected.
A lawyer can help you prepare your petition for a protection order, gather supporting evidence like photographs, medical records, text messages, and witness statements, and represent you at the hearing. They can also help you understand what relief you're entitled to request—such as temporary custody, exclusive use of your home, or financial support—and how to present your case effectively to the judge.
If you're involved in a criminal case where someone else has been charged with a domestic violence crime against you, you have rights as a victim under Colorado's Victims Rights Act. This includes the right to be notified of court proceedings, to be heard at sentencing, to request restitution for your losses, and to be informed if the defendant is released from custody. A lawyer can help you exercise these rights and ensure your voice is heard in the criminal process.
Domestic violence cases often intersect with family law matters—divorce, child custody, parenting time, and property division. If you're leaving an abusive relationship, a lawyer can help you navigate all of these legal issues simultaneously and develop a comprehensive safety plan that addresses both your immediate protection needs and your long-term legal interests.
What to Look for in a Domestic Violence Lawyer in Aurora
When you're searching for a domestic violence lawyer in Aurora, look for someone with specific experience handling domestic violence cases in Colorado courts. Ask about their background—have they represented clients in the 18th Judicial District? Do they handle both criminal defense and protection order cases? How many domestic violence cases have they taken to trial?
You'll also want to understand their fee structure upfront. Some lawyers charge flat fees for specific services like representation at a protection order hearing, while others bill hourly. Ask what's included—court appearances, investigation, motions, trial preparation—and whether you'll be responsible for costs like expert witnesses or filing fees.
It's equally important to find someone you can communicate with openly. Domestic violence cases involve personal, sometimes embarrassing details of your life. You need a lawyer who will listen without judgment, explain your options clearly, and respect your decisions about how to proceed.
During your initial consultation, pay attention to how the lawyer answers your questions. Do they explain Colorado law in terms you can understand? Do they give you realistic expectations about your case, or do they make promises about guaranteed outcomes? A good lawyer will be honest about the strengths and weaknesses of your case and the range of possible results.
Taking the Next Step
Whether you're seeking protection from domestic violence or defending against allegations, you don't have to navigate Colorado's legal system alone. Understanding your rights and options is the first step toward resolving your situation.
If you need immediate protection, you can file for a temporary protection order at the Arapahoe County Justice Center or contact local domestic violence resources for help with safety planning. If you've been arrested or charged, you have the right to remain silent and to speak with a lawyer before answering questions or making any statements to police.
Finding a qualified domestic violence lawyer in Aurora who understands Colorado law and local court procedures can make a significant difference in the outcome of your case. You can search our directory for Colorado lawyers who handle domestic violence matters, read about their experience and approach, and reach out to schedule consultations. Most lawyers offer an initial consultation where you can discuss your situation, ask questions about the legal process, and determine whether they're the right fit for your needs.
Frequently Asked Questions
What should I do immediately if I'm experiencing domestic violence in Aurora?
If you're in immediate danger, call 911. Aurora Police will respond and can arrest the abuser if there's probable cause a crime occurred. If you're not in immediate danger but need protection, you can go to the Arapahoe County Justice Center to file for a temporary protection order, which can often be issued the same day. You can also contact local domestic violence organizations for help with safety planning, shelter, and navigating the legal system. It's important to document any injuries with photographs and medical records, save threatening messages or emails, and keep a record of incidents. You don't need a lawyer to file for a protection order, but legal representation can be helpful, especially if custody or other complex issues are involved.
How do I get a protection order or restraining order in Colorado?
To obtain a protection order in Colorado, you file a petition at the courthouse serving the county where you or the respondent lives—in Aurora, that's typically the Arapahoe County Justice Center. You'll complete forms describing the domestic violence or threat you've experienced and explaining why you need protection. A judge will review your petition, and if they find reasonable cause that you're in danger, they'll issue a temporary protection order. A hearing will be scheduled within about 14 days where both you and the respondent can present evidence. If the judge determines by a preponderance of the evidence that you've been a victim of domestic abuse or are in imminent danger, they can issue a permanent protection order that may last months or years. You can also file online through the Colorado Courts website. The process is free, and court staff can help you with the paperwork, though they cannot give legal advice.
What are the penalties for domestic violence charges in Aurora?
Penalties for domestic violence charges in Aurora depend on the underlying crime and your criminal history. For a first-offense misdemeanor domestic violence crime, you could face jail time from a few days up to two years, fines, probation, and mandatory completion of a domestic violence treatment program that typically lasts at least 36 weeks. A second domestic violence offense within seven years can elevate certain charges to felonies, carrying one to three years in prison. Beyond criminal penalties, any domestic violence conviction—even a misdemeanor—results in a permanent federal prohibition on possessing firearms or ammunition. A conviction can also affect child custody, employment, professional licenses, housing, and immigration status. Aurora follows Colorado's mandatory arrest policy, meaning police must arrest someone if they have probable cause to believe a domestic violence crime occurred, regardless of whether the victim wants to press charges.
How can a domestic violence lawyer help me if I've been accused?
A domestic violence lawyer can review the evidence against you—police reports, witness statements, photos, and recordings—and identify weaknesses in the prosecution's case, such as inconsistencies, procedural errors, or constitutional violations. They can challenge witness credibility, present evidence supporting your version of events, and argue for suppression of improperly obtained evidence. Your lawyer can negotiate with prosecutors for reduced charges, dismissal, or alternative sentencing options like deferred judgment or diversion programs that may allow you to avoid a conviction. If your case goes to trial, they'll cross-examine witnesses, present your defense, and protect your rights throughout the process. Because domestic violence convictions carry serious long-term consequences including loss of gun rights and impacts on custody, having experienced legal representation familiar with Colorado law and the 18th Judicial District can significantly affect the outcome of your case.