Legal Question in Criminal Law in Colorado

Assault and Battery Denver CO - Restraining order

My 27 year-old daughter, just called me to tell me she was charged with assault and battery yesterday. Her neighbor, a man with 2 prior felonies, (and a restraining order she had against him for over 3 months), came into her apartment and was harassing her, and she kicked him in the knee and hit him in the head with the handle end of a shovel after he was down. His wife called the police. He is still in jail. His injuries are not at all serious apparently. My daughter was in jail for about an hour, and then the judge released her, saying he shouldn�t have been there due to the restraining order. Her public defender said she still would have to appear on felony assault and battery charges. She just got a major promotion and a background check will be forthcoming soon. She is concerned this charge will show up and she will lose the promotion and her job for having a felony charge. Will this be dismissed? Will it be on her record?


Asked on 12/29/06, 2:43 pm

3 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Assault and Battery Denver CO - Restraining order

Whether or not the case will be dismissed or not is up to the DA. There are make may day laws that allow a person to use reasonable force to defend themselves in their homes and not be guilty of a crime. Any conviction for any crime will always be on your daughter's record and accessable, the only way to prevent this is to get a dismissal and then get the records sealed. As to your daughter's arrest and pending charges popping up on a background check, it is posible this could occur, as it seems the check will ocur before this case is resolved.

Read more
Answered on 12/29/06, 4:29 pm
V. Iyer Iyer Law Office, L.L.C.

Re: Assault and Battery Denver CO - Restraining order

Best of Luck with the Public Defender.

My Office handles these type of cases.

I was a Prosecutor for about 3 years but now I am in private practice.

I have handled several types of cases

I my private practice I have obtained for some of my clients a dismissl of charges; and even dismissal of the entire case.

Unlike the Public Defender, I do have to charge and be paid my fees, costs and expenses.

If you would like to talk to retain me to help your daughter contact my office.

Venkatesh Iyer

The Iyer Law Office

10170 E. Missisppi Ave

The AllCare Building

Denver, Co 80247

[email protected]

Read more
Answered on 12/29/06, 5:16 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Assault and Battery Denver CO - Restraining order

If the employer runs a record check through CBI (Colo. Bureau of Invest.) then even her arrest would appear on the record. Get it dismissed. She can then advise the employer about this misunderstanding, show the Order of Dismissal and the Restraining Order and appease any improper concerns the employer may have. For concerns in the future, get this record sealed, so even the arrest will not appear in a record check.

Read more
Answered on 1/02/07, 12:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado