Colorado Springs, CO criminal defense attorney Zoe Levesque talks about some of the unique issues common to DV cases. She explains that whenever an individual is charged with or the court finds probable cause for a domestic violence offense, they are required to complete a firearm affidavit. This affidavit confirms that the individual either does not own firearms or has relinquished or legally transferred any firearms in their possession. This requirement exists because anyone under investigation for, or charged with, a domestic violence offense is prohibited from possessing firearms. Failure to comply with the affidavit, or providing false information, can result in additional charges, such as violation of a protection order.

She also notes that domestic violence cases trigger a mandatory protection order. By law, these orders restrict contact with the alleged victim, including prohibitions against harassment, intimidation, or residing in the same home. Modifications to a protection order often require legal assistance, particularly if the individual seeks to resume contact or return home.

Finally, she emphasizes that prosecutors have full discretion to pursue charges, regardless of the alleged victim’s wishes. Even if the victim requests that charges be dropped, the prosecutor may continue the case if sufficient evidence exists to support prosecution, underscoring the importance of competent legal representation throughout the process.