Legal Question in Criminal Law in Colorado

Class 3 Mis. - Harassment - DV

I was charged with, at the time, the police officer only told me it was harassment, and reassuring me it wasn't domestic violence. Turns out, it was domestic violence and he had told my wife that I was being taken in for that.

My wife was furious with him, as the reason the cops were called wasn't because of us fighting where she starting losing it (She is bipolar) so I tried to calm her down by grasping her arm lightly (Strike 1) and restrained her on the bed gently, nothing that harmed her or left a mark, because she was scratching, slapping, etc (Strike 2) and threw down the phone because she was screaming and yelling. (Strike 3).

The police were actually called because my wife called my father-in-law over and my mother came over as well. Fearing my mom would say something to him, which in turn he would say something to her, which in turn would've left him and I going at it, he called the police to prevent that situation, not have me arrested.

My question is, I was let out on a 1,500 bond with court on the 30th. What can I expect? My wife already refused the restraining order at bond, but the state called her saying one would most likely be put into place. Is this true? Please let me know what to expect. Thanks.


Asked on 8/27/07, 9:45 am

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Class 3 Mis. - Harassment - DV

DV cases can be won at trial. In the right circumstances, they do not even go to trial.

I would be very careful of the seemingly good deferred sentence offer. This often sets a person up to lose options in the future. Especially with a bipolar spouse. I would fight the case and only accept dismissal. It will be better in the long run.

Get a lawyer.

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Answered on 8/27/07, 3:00 pm
Philip Rosmarin Rosmarin Law Firm

Re: Class 3 Mis. - Harassment - DV

A protective order is always issued in a criminal case, so yes, that much is true. Attorney Savela is right, you should get a lawyer, and if the facts as you relate them are accurate, you should accept nothing less than a dismissal of the charge. Even when offered a less serious charge, or a deferred, the domestic violence label will stay with you, and you do not deserve such a label.

Good luck.

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Answered on 8/27/07, 7:34 pm


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