Facing a first-time domestic violence charge in Aurora can be overwhelming, confusing, and frightening — especially if you’ve never been involved in the criminal justice system before. Many people in Arapahoe County are shocked to learn that even a heated argument, a text message, or a minor act of physical contact can trigger an arrest and serious criminal charges under Colorado’s strict domestic violence laws.

The Lawrence Law Firm is here to explain how Colorado defines domestic violence, what happens after an arrest, the court process in Arapahoe County, and the legal defenses that can protect your rights.

What Counts as Domestic Violence in Colorado

Under C.R.S. 18-6-800.3, Colorado defines domestic violence as any act or threatened act of violence against someone with whom the accused has or had an intimate relationship. This includes current or former spouses, dating partners, or cohabitants.

Importantly, domestic violence in Colorado is not a standalone criminal charge. Instead, it acts as a sentence enhancer attached to an underlying offense such as:

If the prosecution proves the incident involved an intimate partner, the underlying charge is labeled as “domestic violence,” which triggers additional penalties, mandatory protection orders, and treatment requirements.

Even if no physical injury occurred, threats, intimidation, or emotional abuse can lead to a domestic violence designation under Colorado law.

Colorado’s Mandatory Arrest Policy

One of the most stressful aspects for first-time defendants is the mandatory arrest law in domestic violence cases.

In Aurora — and throughout Colorado — police are required by law to make an arrest if they have probable cause to believe domestic violence occurred, even if:

  • The alleged victim does not want to press charges.

  • There were no visible injuries.

  • The situation appears to have calmed down.

Once the Aurora Police Department responds to a domestic call, officers will interview both parties, gather statements, and typically arrest one person. Often, this is based on limited evidence or conflicting stories.

This mandatory-arrest rule means that innocent people are frequently taken to jail while the case is sorted out later.

What Happens After a Domestic Violence Arrest in Arapahoe County

If you’re arrested in Aurora, you’ll likely be booked into the Arapahoe County Detention Facility in Centennial. What happens next is often confusing for first-time defendants:

1. Mandatory No-Contact Order

Upon release or at your first appearance, the court will issue a mandatory protection order under C.R.S. 18-1-1001.
This prohibits you from contacting the alleged victim — directly or indirectly — and often includes staying away from your home, even if you pay the rent or mortgage.

Violating this order is a separate criminal offense, so it’s essential to follow it strictly until your defense attorney petitions the court for modification.

2. Bond and Conditions

A judge or pretrial officer will set your bond, often with conditions such as:

  • No alcohol or drugs

  • No firearms

  • No contact with the alleged victim

  • GPS monitoring or check-ins

Your attorney can argue for reasonable bond terms and may request a modification of the protection order so you can return home or communicate for childcare or work purposes.

3. Court Proceedings

Your first appearance will be in Arapahoe County Court, typically at the Arapahoe Justice Center located at:
7325 S. Potomac Street, Centennial, CO 80112.

You’ll receive a schedule for arraignment, pretrial conferences, and potential trial dates. During this process, your attorney will begin reviewing police reports, evidence, and witness statements to build your defense.

First-Time Offender Penalties in Colorado

Even for first-time offenders, domestic violence charges carry serious consequences.
The penalties depend on the underlying offense (such as harassment or assault), but because of the domestic violence designation, additional sanctions apply:

  • Mandatory Domestic Violence Evaluation & Treatment:
    The court will order a psychological evaluation and a state-approved treatment program, often lasting months.

  • Loss of Firearm Rights:
    Under federal law (the Lautenberg Amendment), a DV conviction can permanently ban firearm possession.

  • Probation and Monitoring:
    First-time offenders may receive probation instead of jail, but probation often includes anger management classes, community service, and strict supervision.

  • Employment and Housing Impacts:
    A domestic violence record is public and can harm job opportunities, professional licensing, and rental applications.

  • Custody and Divorce Complications:
    If you share children with the alleged victim, a DV conviction can significantly affect child custody and visitation rights.

How a Domestic Violence Case Proceeds in Arapahoe County

Understanding the timeline of a domestic violence case helps first-time defendants prepare emotionally and legally.

1. Arrest and Booking

After the Aurora Police Department arrests you, you’ll be taken to the county jail for booking. You may be held until a judge sets bond — typically within 24 hours.

2. Mandatory Advisement

At your first court appearance, the judge will formally advise you of your rights and the charges against you.

3. Arraignment

You’ll enter a plea of guilty or not guilty. Most defense attorneys recommend pleading not guilty at this stage while they review the evidence.

4. Pretrial Conferences and Motions

Your attorney will negotiate with the district attorney, file motions to suppress evidence, and request discovery materials such as 911 calls or police bodycam footage.

5. Trial or Plea Resolution

Many first-time domestic violence cases are resolved through plea agreements, deferred judgments, or dismissals if the evidence is weak.
However, your attorney will prepare for trial if needed — especially when false accusations or lack of corroborating evidence exist.

Common Defenses for First-Time Domestic Violence Charges

Each case is unique, but some of the most effective defense strategies include:

1. False Allegations

Disputes between partners can lead to exaggerated or fabricated claims, especially during divorce or custody conflicts. Defense attorneys often expose inconsistencies in statements and timelines.

2. Self-Defense or Mutual Combat

If you acted to protect yourself from harm, your attorney can assert self-defense or argue that the alleged victim was the initial aggressor.

3. Lack of Intent

Domestic violence enhancements require proof of an intentional act. Accidental harm or non-threatening behavior can undermine the prosecution’s case.

4. Insufficient Evidence

Prosecutors must prove guilt beyond a reasonable doubt. Lack of witnesses, unreliable 911 calls, or incomplete bodycam footage can create reasonable doubt.

5. Violation of Constitutional Rights

If law enforcement violated your rights — for example, through an unlawful search or coerced statements — your attorney can move to suppress that evidence.

Why Prosecutors Rarely Drop Domestic Violence Charges

One of the most common questions first-time defendants ask is:

“Can the alleged victim drop the charges?”

In Colorado, the answer is no. Once the police make an arrest, the case belongs to the District Attorney’s Office, not the alleged victim.

Even if the other party wants to reconcile or admits exaggeration, the prosecution can proceed using other evidence, including:

  • Police officer testimony

  • 911 recordings

  • Medical records

  • Photographs

  • Witness statements

This “no-drop” policy is intended to protect victims from intimidation but can also lead to unjust prosecutions where no real threat or harm occurred.

An experienced Aurora domestic violence defense attorney can present mitigating evidence and work to convince the DA that the case should be dismissed or reduced.

How a Defense Attorney Can Help in a First-Time Case

Navigating a first-time domestic violence charge alone is risky. An attorney can:

  • Challenge Probable Cause: Determine if the Aurora Police had legal grounds to arrest you.

  • Negotiate Early Dismissal: Present mitigating factors or lack of evidence to the DA.

  • Petition to Modify the Protection Order: So you can return home or communicate for essential purposes.

  • Minimize Penalties: Seek diversion, deferred judgment, or reduced charges.

  • Protect Your Record: Avoid a permanent conviction that could follow you for life.

Long-Term Consequences of a Domestic Violence Conviction

Even a first-time conviction can have effects that last well beyond probation:

  • Permanent criminal record (not eligible for sealing in most cases)

  • Ineligibility for certain professional licenses

  • Immigration complications for non-citizens

  • Loss of firearm ownership rights

  • Family court implications

Because of these severe outcomes, fighting the case early and strategically is essential.

Frequently Asked Questions

Can I get my first domestic violence charge expunged in Colorado?

No. Most adult domestic violence convictions cannot be sealed or expunged under Colorado law. Only dismissed cases or deferred judgments that are successfully completed may be eligible for sealing.

Will I go to jail for a first-time DV charge?

Jail is possible, but first-time offenders often receive probation, counseling, or deferred judgments instead — especially if there was no serious injury.

How long does a domestic violence case take in Arapahoe County?

Most cases take between three and six months, depending on court scheduling, discovery review, and negotiations with the DA.

What happens if the alleged victim refuses to testify?

The prosecutor can still pursue the case using other evidence. However, without the victim’s cooperation, it’s often much harder for them to prove guilt beyond a reasonable doubt.

Speak With an Experienced Aurora Domestic Violence Defense Attorney

If you’re facing your first domestic violence charge in Aurora, you’re not alone — and your case is not hopeless. With early legal representation, it’s often possible to avoid a conviction, reduce the charges, or enter a diversion program that keeps your record clean.

At Lawrence Law Firm, we defend clients throughout Aurora, Centennial, Englewood, and all of Arapahoe County who are charged with domestic violence, assault, harassment, and other related offenses.

Our Arapahoe County Domestic Violence Defense Attorney provides compassionate, experienced, and strategic defense designed to protect your future, your family, and your rights.

Call Lawrence Law Firm today for a free and confidential consultation — or request a case review through our online form. The sooner you act, the more options you’ll have to protect your record and your reputation.