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Domestic Violence Attorney – What Happens After You Dial 911?

Thursday, 27 January 2011

blog-logoAs a domestic violence attorney in Colorado, I have seen many couples fight it out in court and deal with the restraining orders and other unforeseen repurcussions of Colorado's harsh domestic violence laws.  In many cases, the tough penalties are warranted, and the plaintiff is very grateful to have such protections; but there are many cases that might have resolved on their own were it not for that fateful “911” call. 

  • When you dial 911 in Colorado to report a domestic dispute, and report your spouse or significant other for domestic violence, the police must respond.  Even if you hang up before completing the complaint, emergency responders are required to call back. 
  • Anyone who interferes with a person trying to make the 911 call in Colorado could be charged with a felony offense. 
  • As any domestic violence attorney will tell you, Colorado laws change dramatically in domestic violence cases.  For example, after a 911 call the police will not require a warrant to enter your home and search for evidence of violence.
  • An arrest must be made of one or both parties in such a dispute.  If both parents are arrested, it is possible that the children could be placed in foster care.  When domestic violence is involved, a suspected perpetrator cannot be released at the scene of the crime.
  • If medical treatment is sought for either party, the hospital and doctors must be advised and must report the nature of the injuries to the police. 
  • Once arrested, the suspected perpetrator will be held in jail until he or she can appear before a magistrate, even if this requires a weekend in jail.

While an automatic restraining order will go into effect at the time of the arrest, it may be possible to have parts of it modified during the hearing. However, a mandatory restraining order must be signed in order to be released from jail.  This could include an order to stay away from the home, refrain from contact, prohibiting consumption or possession of alcohol, and any other order the court finds appropriate to ensure the safety of the alleged victim.

To learn more about what happens when you call 911, request a free consultation with a domestic violence attorney at the Marrison Family Law LLC.

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