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Colorado law makes violence protection difficult

On Behalf of | Oct 10, 2016 | Family Law

Domestic violence is a major problem throughout the nation, and in Colorado, there’s been some concern that not enough is being done by law enforcement to help.

In one case, police failed to arrest a man after five calls for domestic violence: he later murdered his girlfriend only 12 hours after the last call. In the case mentioned above, there was no physical evidence or eyewitness testimony, so the police had no cause to arrest him.

Currently, Colorado’s domestic violence law requires “probable cause.” The problem with this phrase is that it requires physical evidence of abuse or eyewitness testimony to necessitate arrest. Without probable cause, the police can’t do much.

But police often keep inconsistent data on domestic violence, which makes it difficult to prove probable cause over time. As a result, Colorado lawmakers have asked for new statewide standards on tracking domestic violence and bringing to justice those who commit these crimes.

Until such laws are passed, it is important to know how to protect yourself if your partner is committing domestic violence against you. Filing a restraining order is a good start, as it makes it illegal for the abuser to come near you. Filling out a form at a court is relatively easy, and typically takes no more than an hour or two, especially if you have an attorney help you with the small details.

Unfortunately, a restraining order will do little to help you if the abuser ignores it, comes to your home, and attacks you or even your children. The truth is, full protection might require police watching your home or some other type of protection measures.

If you feel like you need to be protected in this way, please don’t hesitate to contact us at Keane Law today. We can help you understand your rights and protect you from the dangers of domestic abuse.