Colorado Requires Officers to Make an Arrest
Colorado is among a small number of states with a true mandatory arrest law for cases involving intimate partners or household members. Under C.R.S. Section 18-6-803.6, an officer who develops probable cause to believe a qualifying offense occurred must arrest the person believed to be the predominant aggressor, without exception for the alleged victim’s wishes. This removes the discretion an officer might otherwise use to simply separate the parties for the night.
Because the label applies broadly to any crime committed against a person the accused has an intimate relationship with, the mandatory arrest can attach to charges ranging from harassment to a more serious felony assault, depending on what happened. Even a verbal argument that turns physical for only a moment can trigger this same mandatory process, regardless of how minor either party considers the incident afterward.
A Protective Order Usually Follows an Arrest
A Colorado Springs domestic violence lawyer typically explains to new clients that a mandatory protection order accompanies nearly every arrest of this kind, restricting or eliminating communication with the alleged victim until the case is resolved. This order can affect where a person is allowed to live, whether they can see their own children, and whether they can return to a shared home, often before any court has heard evidence beyond the initial police report.
Violating this order, even accidentally or at the other party’s invitation, can result in an entirely separate criminal charge on top of the original case, which makes understanding the exact terms of the order essential from day one. Because the order takes effect immediately and often before the accused has spoken with an attorney, many people unintentionally violate it within the first few days simply by returning home or responding to a text message from the other party.
What Happens in the First 48 Hours
The early hours after an arrest set the tone for the rest of a case. Typical steps during this period include:
- Booking into jail and an initial bond-setting hearing, generally within 48 hours
- Entry of a mandatory protection order limiting communication with the alleged victim
- Advisement of the specific charges and the potential penalties involved
- An opportunity to request modification of bond conditions at a later hearing
Understanding what to expect during this window helps a person avoid mistakes that could complicate the case later, from an accidental bond violation to a comment made during booking that later gets repeated in court.
Whether the Alleged Victim Can Drop Charges
Many people assume that if the person who called for help changes their mind, the case simply goes away. In Colorado, the district attorney’s office, not the alleged victim, decides whether to pursue charges once an arrest has been made. Prosecutors can and do move forward even when the other party asks them to stop, which often surprises families who expected the matter to resolve informally once tempers cooled. In some cases, prosecutors will proceed using body camera footage, 911 recordings, and officer observations even when the alleged victim later declines to cooperate with the investigation.
Guidance From Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer
Facing a mandatory arrest and protective order can feel overwhelming in the first few days. Christian A. Schwaner, P.C. DUI and Criminal Defense Lawyer reviews the underlying police report and the protective order terms early, looking for ways to modify restrictive conditions and build a defense around the specific facts of the incident.
Talk to Our Office Before Your First Hearing
Decisions made in the days right after an arrest, particularly around bond conditions and protective order terms, can shape the rest of a case. If you are facing charges connected to a domestic incident in Colorado Springs, a Colorado Springs domestic violence lawyer can review the arrest report with you.
Our office can outline the options available before your next court date.
