If a person is found guilty at trial for a criminal charge or criminal charges related to domestic violence or a person elects to accept a plea agreement, there are several legal consequences that the convicted person will face.

• Incarceration:  A person could be confined to prison or the county jail for a criminal conviction.  Although prison and jail are not always part of the sentence, the defendant needs to realize that jail or prison are possible consequences of being found guilty at trial or accepting a plea offer from the district attorney.  Because there are so many potential criminal charges associated with domestic violence, and those can range from a low level misdemeanor to high level felony, and also consist of multiple misdemeanors and felonies, the potential jail / prison range is not discussed here.  Please see the portion of this web site that discusses common charges.
• Probation:  When a person is convicted of or accepts a plea agreement to misdemeanor domestic violence charge and does not have a prior criminal record, the court is likely to grant probation.  However, jail or prison are always possible, a more likely on a second or subsequent misdemeanor charge and also a first time felony conviction.  A lawyer experienced with a domestic violence cases that is able to evaluate the facts of a case can expand on this issue.  When a person is on supervised probation a probation officer is assigned.  The probation officer is there to assist the person is completing the court ordered requirements, helping the defendant to not be in a situation where they get charged with any new criminal offenses and basically keeping an eye on the person through supervision.  The probation officer can generally add in additional reasonable requirements to probation.  There is a monthly fee associated with being on supervised probation.  In some cases unsupervised probation may be granted.  This is a decision that is left to the discretion of the court / judge. The court requirements stay in effect, with the basic difference being that the defendant does not have a probation officer to check in with nor be required to pay the probation supervision fees.  If a defendant fails to complete the requirements of probation, probation can be revoked.  Revocation of probation can result in additional penalties, requirements, and jail or prison.
• Domestic Violence Counseling: Colorado Revised Statutes 18-6-801 provides that in addition to any sentence that is imposed on the defendant for violation of any criminal law under the Colorado Revised Statutes, Colorado law, with the underlying factual basis include an act of domestic violence as defined in Colorado Revised Statute 18-6-800.3 (1), or any crime against property when such crime is used as a method of coercion, control, punishment, intimidation, or revenge that is directed against a person with who the defendant is or has been involved in an intimate relationship shall be ordered to complete a domestic violence treatment program and a treatment evaluation that conforms with the standards adopted by the domestic violence offender management board.                                                     Basically, when a person is sentenced, or prior to sentencing, the defendant will be required to participate in a domestic violence evaluation and follow the recommendations.  Due to the fact that the person has plead or is anticipating pleading guilty to a criminal charge related to domestic violence, domestic violence treatment will be ordered.  The minimum that is ordered consists of 36 hours of domestic violence treatment, which is usually completed at the rate of 2 hours per week.  In more serious or concerning situations more domestic violence treatment hours can be required.  The defendant is required to pay the costs of the evaluation and treatment, although some treatment providers may reduce cost based on a sliding scale.                                                                                            In addition to a domestic violence evaluation, some cases may require a mental health evaluation or parenting classes if there is an indication or concern of mental issues or children in the home that may be a witness to or involved in a domestic violence allegation.
•  Anger Management: In some domestic violence cases a person may be ordered to attend and complete anger management as part of their treatment.  However, there is some dispute that participating in anger management and domestic violence cases at the same time can be counterproductive for the defendant.  Many individuals may start anger management classes as a result of being arrested or charged with domestic violence.  However, the defendant should be aware that the criminal court may or may not give credit for this.
• Substance abuse evaluation and treatment:  In a situation where alcohol or an illicit drug may be a factor that has lead to domestic violence charge or charges, the plea agreement, court order, or probation department may require a substance abuse evaluation.  A court-ordered substance abuse evaluation should determine if, and to what extent a party is using substances, evaluate the defendant’s suitability for drug or alcohol treatment and determine whether drug or alcohol treatment is appropriate. If drug or alcohol   treatment is deemed appropriate, the evaluation should result in a recommendation for drug or alcohol treatment appropriate to the defendant's needs.
• Restraining order: In any criminal case there is a Mandatory Protection Order that is issued against the defendant.  This should not be confused with Temporary Protection Orders, Permanent Protection Orders, or Permanent Restraining Orders that are requested by an individual seeking protection from another person, which are considered civil protection orders.                                                              Mandatory Protection Orders remain in effect until the case is complete.  This type of restraining order restrains the defendant from harassing, molesting, intimidating, threatening, retaliating against, or tampering with any witness to an alleged crime or to an alleged victim of a crime.                                                                                                                                                                                         Although this Protection Order does not prevent the person from having communication with a alleged victim or witness, it certainly makes it easy for the person to be charged in the event the defendant charged with a domestic violent crime and the alleged victim in a case get into an argument or altercation.
• Deportation: Many criminal convictions can result in a non-citizen being deported.  Prior to entering into any type of plea the Defendant needs to be aware of being deported.  Although this law firm does not practice immigration law, any lawyer handling a case that involves a non-citizen should consult with a lawyer that is knowledgeable in immigration / deportation laws.

Employment:  A conviction for a criminal offense related to domestic violence may result in loss of the defendant’s job.  The advancement of computer data storage, data gathering, data selling has made it simple and inexpensive to obtain a criminal record on a potential employee for a potential employer.  Many websites can provide a criminal record background check in minutes for a few dollars. 

Many employers will run a criminal background before hiring a person and may run a criminal background check during the course of employment.  When an employer sees a conviction for a criminal charge related to domestic violence, the assumption is that the employee is a violent and dangerous person.  Often this leads to not being offered a job or even being fired from employment after being with the company many years.  Likewise, a conviction for domestic violence may prevent the person from being promoted. 

A plea bargain is generally considered a conviction.  A District Attorney / Prosecutor will often offer a plea bargain to a reduced charge, and / or dismiss some charges in exchange for a plea to one or more charges.  There are also plea bargains that will eventually result in a dismissal of the case.  However, in most circumstances these plea agreements are still considered convictions.    

Military Consequences of a Domestic Violence conviction: A criminal domestic violence conviction is a virtual end to a military career.  A conviction for a misdemeanor criminal charge for domestic violence will prevent a person from carrying a gun / firearm or other type of weapon.  A person convicted of domestic violence will likely be involuntarily discharged or not allowed to reenlist.  Likewise, Under the Department of Defense, Directive 5220.6 a criminal domestic violence conviction will deny a person a security clearance.

Colorado Springs, Colorado and El Paso County are surrounded by military bases, Fort Carson, Peterson Air Force Base, the Air Force Academy, Shriver, and NORAD.  Because a substantial amount of our clients are in the military, it is vital to have a criminal charge or charges for domestic violence dismissed whenever possible.  Our criminal defense attorneys have represented military clients from all of the military     installations in Colorado Springs, Colorado, El Paso County and other Colorado jurisdictions. Our lawyers are a team of seasoned criminal defense specialists with a record of success defending military clients charged with domestic violence offenses.

In addition to not being able to serve in the military with a domestic violence conviction, a person convicted of domestic violence may lose his/her military pension. The Uniformed Services Former Spouses Protection Act (PL 97-252, 1982) allows a state court to divide any pension earned during the period of marriage that overlaps the service period.

Professional Licenses:  A person with a criminal conviction for domestic violence could   have an effect on a person attempting to attain or renew a professional license.  Likewise, a person seeking a financial bond may be denied the bond based on a conviction for domestic violence.   This can be an issue in a profession like an attorney / lawyer, doctor, nurse, stockbroker, bond trader, real estate agent just to name a few.

Professions requiring the use of weapons, guns, firearms, and explosives:  A criminal domestic violence conviction takes away a person’s right to have a gun.  The Second     Amendment to the Constitution to the United States provides the right to bear arms.

Amendment II, Amendment 2, enacted 1791.  “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

However, a conviction for a criminal charge related to domestic violence takes away the right to bear arms.  Under Federal law 18 USC § 922(g)(8 and 9)a person with a conviction for criminal domestic violence charge cannot possess, purchase, acquire, or be in possession of firearms, ammunition, or other dangerous weapons.  A violation of this Federal Statute carries a minimum mandatory sentence of 5 years in prison upon conviction.  A person that works in a profession that requires the use of a weapon,   firearm, gun, explosive or even other dangerous agents with a conviction to domestic  violence could mean the loss of employment.  Therefore, a person that works as a police     officer or other law enforcement position, fireman, some construction positions, truck driving, and other similar careers that require the use of a weapon, firearm, gun,   explosive or even other dangerous agents is likely to lose their job or be denied employment with a criminal conviction for domestic violence.  Unfortunately, many people will plead guilty to a domestic violence charge before they have a chance to get legal advice.

Divorce and Child Custody:  In many situations where a married couple or a couple with a child are involved in a situation where a person is charged with a criminal offense that involves domestic violence, the relationship may end in divorce or separation.  Custody of the children may be taken from the accused and custody awarded to the alleged victim spouse.  Because of these advantages many spouses use domestic violence allegations to gain custody, hide adultery, or otherwise gain an advantage in a divorce situation.