Last Updated – November 12, 2026 Read Time – Est:Are you looking for a domestic violence lawyer in Falcon, CO?
At Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, we have a domestic violence defense practice built on 29 years of trial work.
If you have been arrested or charged with a domestic violence offense in Falcon, a mandatory protection order and conditions of release take effect at the outset of the case. Our Falcon, CO domestic violence lawyer can contest the charge and ask the court to modify the order’s contact and residence terms.
Domestic violence allegations are a central focus of Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer, and representation can begin as early as the first advisement hearing. Christian Schwaner has been a member of the Colorado Bar Association since 1997. Schedule a free consultation to discuss the allegations and the order.
Domestic Violence Lawyer Falcon, CO
Colorado does not treat domestic violence as a standalone crime. Prosecutors instead attach a domestic violence designation to an underlying offense, such as assault or harassment, when the alleged victim is a current or former intimate partner. A domestic violence lawyer defends against both the underlying charge and the designation, which brings mandatory treatment and other consequences of its own.
Colorado Judicial Branch data shows that 51,513 cases were filed in El Paso County Court during fiscal year 2024. Misdemeanor domestic violence cases from Falcon are heard in that court, and felony allegations proceed in District Court.
Types of Domestic Violence Cases We Handle in Falcon
A domestic violence designation can attach to a wide range of offenses. Our Falcon domestic violence attorney defends each of the following charges, along with the protection orders that accompany them.
- Assault. Third-degree assault is a misdemeanor based on alleged bodily injury, while second-degree assault is a felony that typically involves serious injury or a weapon. The medical evidence and the sequence of events often determine which charge the facts support.
- Harassment. This charge covers alleged conduct such as repeated calls, threatening messages, or physical contact intended to alarm or annoy. Allegations of emotional abuse can also form part of the evidence in a domestic violence case.
- Stalking. Stalking involves repeated following, contact, or surveillance that would cause a reasonable person serious emotional distress. It is charged as a felony, and the evidence frequently consists of phone records and electronic communications.
- Menacing. A menacing charge alleges that the accused placed another person in fear of imminent serious bodily injury. When a weapon is alleged, the charge becomes felony menacing, which carries a possible prison sentence.
- False imprisonment. This offense alleges that one person knowingly restricted another person’s freedom of movement. Disputes over blocking a doorway or taking a phone during an argument can lead to this charge.
- Violation of a protection order. Any contact prohibited by a mandatory protection order, including text messages or messages relayed through others, can result in a new criminal charge. We review the exact terms of the order and the circumstances of the alleged contact.
- Restraining orders. Civil protection orders are requested in court by the alleged victim and can remain in place permanently. We represent respondents at the hearing, where the evidence presented determines whether the order is made permanent.
- Repeat and felony allegations. A new misdemeanor charge can be elevated to a felony when the accused has several prior domestic violence convictions. We examine each prior conviction to confirm that it meets the legal requirements.
- Military criminal defense. Service members accused of domestic violence may face a civilian prosecution as well as command consequences. We defend the civilian case with attention to the effect a conviction can have on a military career.
Why Choose Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer as My Domestic Violence Lawyer in Falcon?
Protection orders, firearm restrictions, and military consequences all require attention in a domestic violence case, and our firm addresses each of them from the first meeting.
Defense Experience Since 1997
Mr. Schwaner has practiced law in Colorado since 1997. That career includes earlier service as a Deputy District Attorney in El Paso and Teller Counties, which provided direct knowledge of how domestic violence cases are reviewed and filed in this district. Domestic violence defense is one part of the broader work of our criminal defense lawyer in Falcon, CO, which also includes DUI, traffic, and military-related cases. Mr. Schwaner is a member of the Colorado Criminal Defense Bar (CCDB) and the Colorado Bar Association (CBA).
Results and Realistic Counsel
Mr. Schwaner’s track record includes:
- Thousands of criminal matters handled since 1997
- Positive resolutions in difficult criminal cases
- Representation of service members facing civilian charges in the Colorado Springs area
Before any plea or trial decision, clients receive an honest account of the strengths and weaknesses of the prosecution’s case.
What Is Important To Understand About Domestic Violence Cases?
What Is the Domestic Violence Case Timeline?
Domestic violence cases move quickly at the outset because Colorado’s mandatory arrest rules require officers to make an arrest whenever they find probable cause.
- Arrest and booking, with release generally conditioned on a bond and written conditions.
- Advisement in court, where a mandatory protection order is issued and explained.
- Formal charges and the exchange of evidence, including 911 recordings, photographs, and body-worn camera footage.
- Hearings on modification of the protection order, pretrial motions, and negotiations with the prosecutor.
- Resolution by dismissal, plea agreement, or trial, followed by any treatment the court orders.
What Are Important Aspects of a Domestic Violence Case?
The protection order has the most immediate effect on daily life. When the alleged victim shares a residence with the accused, the order can require the accused to stay away from that home. Contact by text message, social media, or a third party is generally prohibited, and a violation is a separate crime even when the alleged victim initiates the contact. A DV lawyer in Falcon, CO can ask the court to modify the order, and the result depends on the facts and the position of the alleged victim.
Firearms present a second concern. When the alleged offense involved the threat or use of physical force, the order prohibits possessing or purchasing firearms and requires relinquishing any already owned within a short period. A conviction can also carry lasting federal restrictions on firearm rights.
The decision to dismiss a case rests with the prosecutor, not the alleged victim.
Charges, Penalties, and Defense Strategies for Domestic Violence Cases
Colorado domestic violence law pairs the underlying offense with additional requirements that apply only when the designation is proven.
- Designation: Applies to an act or threatened act of violence against an intimate partner, and to other crimes, including property crimes, used to coerce, control, punish, intimidate, or take revenge on that partner.
- Intimate relationship: Includes spouses, former spouses, current or former unmarried couples, and parents of the same child.
- Penalties: The sentencing range depends on the underlying offense, from fines and probation for misdemeanors to prison for felonies, and a conviction requires completion of domestic violence treatment.
- Defenses: Self-defense, insufficient evidence, inconsistent statements, and challenges to whether the relationship meets the legal definition.
What Should You Bring to Your Domestic Violence Consultation?
The first meeting with our domestic violence attorney in Falcon is most productive when the following items are available:
- The bond paperwork and the written protection order
- Any police report, summons, or charging document
- Text messages, emails, or call logs related to the incident
- Names and contact information for anyone who witnessed the events
- Information about firearms in the home and any military command notifications
The consultation carries no fee. During the meeting, we review the allegations and the order and explain the realistic next steps.
Falcon Courthouses and Local Criminal Justice Resources
Falcon falls within the 4th Judicial District, which handles domestic violence cases for all of El Paso and Teller Counties.
- El Paso County Judicial Building: 270 S. Tejon St., Colorado Springs, CO 80903. Advisements, County Court misdemeanor cases, and District Court felony cases are heard in this building.
- 4th Judicial District Domestic Violence Court: A problem-solving court that began in 2012 and serves defendants with multiple domestic violence cases or prior difficulty on standard probation, as an alternative to jail.
- Domestic Violence Offender Management Board: A state board within the Division of Criminal Justice that maintains the list of approved treatment providers for court-ordered domestic violence treatment.
Our firm has no affiliation with the agencies listed here, and their inclusion is not an endorsement.
Reach Out to Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer to Schedule a Consultation
A domestic violence charge brings court-ordered restrictions that begin before any finding of guilt. Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer provides a free consultation to review the charge and the protection order. Our Falcon domestic violence lawyer can explain the available defenses and how to request changes to the order. Contact us to schedule a time.