Domestic violence laws in Colorado are designed to protect victims and hold offenders accountable, but they can also be confusing and complex—especially when you or someone you care about is facing an arrest. Unlike many other states, Colorado has a mandatory arrest policy for domestic violence, meaning law enforcement must take action once they believe a domestic violence incident has occurred. In this blog, we’ll unpack how this law works, why it matters, what it means for those involved, and how legal support can make a significant difference in navigating the process.

Before we dive into the details, it’s helpful to understand that the information here is grounded in how Colorado’s criminal justice system currently treats domestic violence cases, and how those cases unfold from the moment law enforcement arrives. If you or a loved one is seeking legal help, the experienced defense team at Colorado Defenders can provide guidance tailored to your situation. For specifics on how domestic violence cases progress in Colorado courts, check out their detailed overview: Colorado Domestic Violence Court Process

hat Is “Mandatory Arrest” in Colorado?

In Colorado, when police respond to a call involving domestic violence, they are required by law to arrest a suspect if they have probable cause to believe a crime has taken place. This requirement isn’t optional—officers must act if the facts on the scene meet the legal standard.

Under Colorado Revised Statutes § 18-6-803.6, a peace officer “shall arrest” a person when there is probable cause to believe a domestic violence offense has occurred. In essence, if the responding officer believes a crime connected to domestic violence happened—for example, an assault, harassment, or menacing—they must place someone under arrest at the scene.

This rule is intended to protect victims and prevent further harm. It removes the discretion officers might otherwise have in choosing not to arrest in a high-conflict situation, even if the complaining party does not want charges pressed. Law enforcement training emphasizes victim safety and immediate response.

How Colorado Defines Domestic Violence

One thing many people don’t realize is that “domestic violence” isn’t a standalone criminal charge in Colorado. Rather, it is a label or enhancer attached to other crimes—such as assault, harassment, stalking, or criminal mischief—when those acts occur between people who have an intimate relationship.

Under Colorado law (C.R.S. § 18-6-800.3), domestic violence means an act or threatened act of violence against:

  • A current or former spouse

  • A person with whom the accused has lived or had a romantic relationship

  • A parent of the same child

  • Other intimate partners

The law also includes crimes against property (even pets) if committed to control, punish, intimidate, coerce, or seek revenge against an intimate partner.

Because this definition is broad, a range of scenarios—some involving little or no visible physical injury—can trigger a mandatory arrest.

Why the Arrest Is Mandatory—Even Without a Victim’s Request

Unlike some criminal situations where a victim could ask police not to pursue charges, Colorado’s mandatory arrest policy takes that choice out of the victim’s hands. Once police are called and there is evidence of domestic violence, they must arrest someone—even if the alleged victim does not want an arrest, recants their statement, or says it was a misunderstanding. 

This may seem surprising or frustrating to some, particularly when the incident was a misunderstanding, or when the parties involved want to reconcile. However, the law’s intent is to protect those who may be vulnerable or afraid to press charges due to fear, coercion, or ongoing control by an abusive partner.

What Happens After the Arrest

Once law enforcement makes a mandatory arrest, several key things happen quickly:

1. Mandatory Protection Order

Immediately following a domestic violence arrest—or at the first court appearance—the court typically issues a Mandatory Protection Order (MPO). This order restricts the accused from contacting the alleged victim directly or indirectly, and it may even require the accused to leave their home. 

This order remains in place throughout the case unless the court modifies it. Violating an MPO is a separate criminal offense that can lead to additional charges.

2. Bond and First Court Appearance

Colorado requires arrested individuals to appear before a judge within a short timeframe—often 24 to 72 hours—after arrest. At that hearing, a judge will:

  • Inform the defendant of the charges

  • Set bond and any conditions for release

  • Decide whether to keep the protection order in effect

Bond conditions commonly include no contact with the alleged victim, surrender of firearms, and sometimes restrictions on alcohol or controlled substances.

3. The Court Process Moves Quickly

Domestic violence cases in Colorado follow an accelerated process compared to many other criminal cases. Arraignment, discovery, pretrial negotiations, and motions happen early in the timeline. Evidence including police reports, 911 calls, witness testimony, and body-cam footage is shared with the defense.

Consequences of Arrest and Conviction

A domestic violence arrest—even without a conviction—can carry immediate personal and legal consequences. These often include:

  • Restriction of access to firearms under both state and federal law

  • Mandatory no-contact orders

  • Potential loss of employment or professional licenses if the charge becomes public

  • Impact on child custody and visitation arrangements

If the case results in conviction, the consequences become more serious:

  • Jail or prison time

  • Fines and court costs

  • Mandatory counseling or treatment programs

  • Lasting restrictions on civil rights

  • Long-term impacts on background checks and reputation

Because domestic violence is treated as an enhancer to other crimes in Colorado, the penalties can escalate based on the underlying offense and prior history—even turning what began as a minor incident into a significantly consequential case. 

Criticisms and Complexities of Mandatory Arrest

While the mandatory arrest law aims to protect victims, it has drawn criticism and sparked debate:

  • Potential for Misidentification: Law enforcement officers must make quick judgments in emotionally charged environments, which can sometimes lead to the wrong person being arrested—even individuals who called 911 seeking help.

  • Unintended Consequences: Some argue that mandatory arrest laws may inadvertently escalate certain situations or discourage victims from calling for help.

  • No-Drop Prosecution: Once police make an arrest, prosecutors often proceed with charges regardless of the victim’s wishes, meaning cases move forward even if the victim retracts their statement.

These issues highlight why it’s essential to understand not only what the law requires, but how it operates in real life.

Why Legal Representation Matters

Because Colorado’s domestic violence laws are strict and the system moves fast, having skilled legal representation is crucial. An experienced attorney can:

  • Review whether law enforcement had valid probable cause for the arrest

  • Challenge evidence obtained improperly

  • Advocate for reasonable bond conditions

  • Seek dismissal or reduction of charges

  • Work to modify protection orders to allow essential communication or living arrangements

If you or someone you know is facing a domestic violence arrest, proactive legal support can help protect rights, preserve future opportunities, and navigate a process that can otherwise feel overwhelming. The team at Colorado Defenders specializes in defending individuals in situations like these, with deep experience in domestic violence defense and criminal law.

For a deeper look at how domestic violence cases are handled in Colorado courts, visit their comprehensive resource here: Colorado Domestic Violence Court Process. 

Final Thoughts

Colorado’s mandatory arrest policy for domestic violence reflects a strong public safety stance: responding decisively when violence is alleged between intimate partners. While the law seeks to protect vulnerable people, it also means individuals can face serious legal consequences—starting with arrest—based on probable cause alone.

Understanding how these laws work, your rights within the system, and how to navigate legal challenges is essential for anyone involved in such a case. With knowledgeable counsel and informed decision-making, it’s possible to face these charges with clarity and a strategy that puts your future first.