Denver, CO asked in Domestic Violence for Colorado

Q: What are my chances of having domestic violence and child abuse wothout injury dropped if there is no evidence of both?

My wife stated that when she called the cops she was not hurt and neither was my son. They found no proof of injury on both, or evidence of domestic violence, but i got charged with domestic violence and child abuse wothout injury

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1 Lawyer Answer
Jonathan Greenlee
Jonathan Greenlee
  • Domestic Violence Lawyer
  • Boulder, CO
  • Licensed in Colorado

A: At this point, you have been charged, so at a minimum the police determined there was probable cause for a criminal offense. There are a number of ways child abuse can be charged without requiring proof of any injury, and a domestic violence tag on a charge (domestic violence is not a charge but a "sentencing enhancer" that can be applied to other charges) does not require any proof of injury. That fact that there was no injury is therefore irrelevant.

It is hard to say with such a general assertion that there is "no evidence", as often there is more of a dispute as to what the evidence means than "no" evidence if a person has been charged. Clearly the police believe they had some evidence (even if they were wrong) if they decided to charge you. Regardless, in Colorado, once case is charged with a domestic violence tag, the prosecution is barred by law from dismissing or pleading to a non-domestic violence offense unless they do not believe they have enough evidence even properly raise the allegation to a jury. Even an accusation that is later recanted with no supporting physical evidence will be enough for them to go forward with the charges in most cases.

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