Arrested for Domestic Violence in Denver? Here’s Exactly What Happens Next, And Whether You Can Go Home

Miguel Martínez, Criminal Defense Attorney | Former Assistant District Attorney & Assistant U.S. Attorney | Serving Denver & Colorado Since 1989

Key Takeaways

In Colorado, a mandatory protection order takes effect the moment you are arrested, before any conviction, before any hearing, before you’ve had a chance to speak to an attorney.
In most cases, you cannot return home if the alleged victim lives there, not without a court order modifying that protection order.
Your partner cannot drop the charges. Only the District Attorney can. And Colorado prosecutors are trained to move forward even when the alleged victim recants.
You have a narrow window to act. The decisions made in the first 24–72 hours, including what you say, where you go, and who you call, will shape the rest of this case.

You were arrested last night. Or your husband was. Or your son.

Right now, you’re not thinking about trial strategy. You’re thinking: Can I go home? Where do I sleep? What about my kids? What if I’m not even a citizen?

Those are the right questions. And this guide answers every one of them, in plain language, without burying the truth.

Here’s what’s actually happening to you right now, and what you need to know before you make another move.

What Is Colorado’s Mandatory Arrest Law for Domestic Violence?

Why Did Police Have to Arrest Me, Even If Nothing Happened?

Colorado law, specifically C.R.S. §18-6-803.6, requires police to make an arrest any time they respond to a domestic violence call and have probable cause to believe a crime occurred. This is not discretionary. Officers cannot decide to “let it go” or take a report without an arrest. If they believe there was physical contact, a credible threat, or a violation of a prior protection order, someone is going to jail.

That means people are arrested in Colorado every day for domestic violence charges in situations that are complicated, disputed, or outright wrong. The law does not wait for the full story.

What Counts as an “Intimate Relationship” Under Colorado Law?

The statute applies broadly. It covers current and former spouses, current and former unmarried couples, people who share a child, and people who are, or were, in a romantic relationship. It does not require that the parties live together.

What Is a Mandatory Protection Order, And When Does It Start?

Under C.R.S. §18-1-1001, a mandatory protection order goes into effect automatically upon arrest, not upon conviction, not after a hearing, not after you’ve been found guilty of anything. The moment you are booked, that order exists.

It typically prohibits you from contacting the alleged victim, returning to a shared residence, and, in many cases, being within a certain distance of that person or location.

No-Contact Order vs. Protection Order: What’s the Difference?

These terms are often used interchangeably, but they’re not the same thing.

A mandatory protection order is issued by the court under state statute and takes effect upon arrest. A no-contact order is a condition of bond, issued at your bond hearing, that specifically prohibits contact with the alleged victim as a condition of your release.

In practice, both may be in place at the same time, and violating either one is a separate criminal charge.

How Long Does the Protection Order Last?

The mandatory protection order remains in effect throughout the entire case, from arrest through final disposition. It does not expire until a judge modifies or lifts it. Even if the alleged victim contacts you, responds to your messages, or says they’re fine with you coming home, you are still bound by the order. Responding to contact from the alleged victim is not a defense. It is a violation.

Can You Go Home After a Domestic Violence Arrest in Colorado?

This is the question you came here to answer. Here it is straight:

In most cases, no, not without a court order.

If the alleged victim lives in your home, the mandatory protection order almost certainly prohibits you from returning. It does not matter whose name is on the lease or the mortgage. The protection order controls.

The only ways to return home are: (1) the court modifies the protection order at a hearing, (2) the alleged victim leaves the residence and the court permits your return, or (3) the case is resolved, and the order is lifted. None of those happen overnight.

What can happen quickly, if you move fast, is a civil standby.

What Is a Civil Standby, And How Do You Request One?

A civil standby is a procedure that allows you to return to the residence one time, accompanied by a law enforcement officer, to retrieve your belongings. It is not a right that is automatically granted; you must request it, typically through local law enforcement or with the help of your attorney.

The officer’s presence is not optional. You cannot go alone. The purpose is to ensure the interaction remains safe and that the terms of the protection order are not violated.

What Can You Take With You? (The 15–30 Minute Rule)

During a civil standby, you typically have 15 to 30 minutes to gather what you need. That window is not flexible, and what you can take is.

You may only retrieve undisputed personal property: your clothing, medications, identification documents, phone chargers, and work equipment. You may not remove shared assets, items the other party disputes, or anything that could be construed as taking marital or household property.

Important note: Civil standby procedures vary by jurisdiction and law enforcement agency in Colorado. The timeframe and permitted items may differ depending on where you are. Confirm the specific process with your attorney or the local law enforcement office handling your case before you go.

What Happens to Your Children, Housing, and Job?

Can You See Your Kids While Under a Protection Order?

It depends on the terms of the order. If your children are listed as protected persons, the order may prohibit contact with them as well. If they are not listed, contact may be permitted, but if your children live with the alleged victim, getting to them may be practically impossible while the order is in effect.

A family law attorney working in coordination with your criminal defense attorney can seek emergency parenting time modifications. Time matters here. The longer the separation goes unaddressed, the harder it becomes to reestablish access.

What If You Both Live in the Same House?

The protection order does not care about your name on the lease. If you are prohibited from returning to the residence, you must find somewhere else to stay, a friend, a family member, or a hotel, until the order is modified.

If you own the home and the alleged victim does not, your attorney can petition the court to modify the order. That modification is not guaranteed, and it takes time. In the meantime, the order stands.

As for your job: A domestic violence arrest, before any conviction, can appear in background checks. If your employer runs periodic checks or if you hold a professional license, this is something to address proactively with your attorney.

You were arrested. You may feel like the system has already decided your fate. It hasn’t.

Miguel Martínez has spent over 35 years fighting for clients across Colorado, including as a former Assistant District Attorney and Assistant U.S. Attorney. He knows how the prosecution thinks because he was the prosecution. If you’re trying to understand your options right now, this is exactly the situation our firm handles every day.

Call (303) 747-5141 or schedule your consultation now. We’re here to help you and your family.

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Immigration and Firearm Consequences Most People Don’t See Coming

How a DV Conviction Can Affect Your Immigration Status

If you are not a U.S. citizen, whether you hold a green card, a visa, or are in another immigration status, a domestic violence conviction can trigger serious immigration consequences under federal law.

A domestic violence conviction may be classified as a “crime of domestic violence” under the Immigration and Nationality Act, which can make a non-citizen deportable, inadmissible, or ineligible for certain immigration benefits. It can affect pending green card applications, naturalization proceedings, and visa renewals.

An arrest alone does not automatically trigger these consequences, but it creates a record that immigration authorities can and do review. The gap between “arrested” and “convicted” is where your defense attorney’s work matters most.

Every immigration situation is different. If you are not a U.S. citizen and you’ve been arrested on a domestic violence charge, consult both a criminal defense attorney and an immigration attorney before making any decisions about your case. The immigration consequences of a criminal conviction can be severe and, in some cases, permanent.

The Federal Gun Ban After a Domestic Violence Conviction

Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition under federal law.

Three things matter here:

This applies to misdemeanor convictions, not just felonies. Most people assume the federal gun ban only applies to felonies. It does not.
This applies to convictions, not arrests. You have not lost your Second Amendment rights because you were arrested. You lose them if you are convicted.
This ban is permanent under current federal law and applies to law enforcement officers and military personnel as well as civilians.

For anyone who owns firearms, works in law enforcement or security, or holds a concealed carry permit, a domestic violence conviction has immediate, serious consequences. This is not hypothetical; it is a federal statute.

For further reference, see the U.S. Department of Justice’s overview of the Lautenberg Amendment and Colorado’s mandatory protection order resources at the Colorado Judicial Branch.

What If My Partner Doesn’t Want to Press Charges?

This is one of the most common misunderstandings in a domestic violence case, and one of the most dangerous.

Your partner does not press charges. The District Attorney does.

In Colorado, domestic violence cases are prosecuted by the state, not the alleged victim. The alleged victim is a witness. They can tell the DA they don’t want to proceed. They can recant their statement. They can refuse to cooperate. None of that ends the case.

Here’s what many people don’t know: Colorado prosecutors receive specific training on handling recantations in domestic violence cases. They are taught to be skeptical of them. A recantation may be viewed not as evidence that nothing happened, but as evidence that the alleged victim is afraid, pressured, or being manipulated. In some cases, a recantation can actually strengthen the prosecution’s narrative.

This isn’t a scare tactic. It’s the reality of how Colorado’s DV prosecution system operates, and it’s something Miguel Martínez knows from the inside. The DA retains full discretion to proceed with or without the alleged victim’s cooperation, and in many cases, they do exactly that.

If your partner says they’re going to “drop it,” do not treat that as resolved. Call a defense attorney.

How Colorado’s Fast-Track DV Process Works, And Why Time Matters

Denver and many Colorado jurisdictions operate a fast-track domestic violence court process specifically designed to move DV cases quickly. Arraignments happen fast. Pre-trial motions have tight deadlines. The system is built for speed, and it does not slow down for defendants who aren’t ready.

This means that decisions you make in the first 72 hours, what you say to police, whether you contact the alleged victim, whether you try to handle this yourself, can have lasting consequences. Evidence is gathered quickly. Witnesses are interviewed. Statements are recorded.

Colorado also has a habitual domestic violence offender statute that elevates a third or subsequent DV conviction to a Class 5 felony, regardless of the underlying charge. For anyone with prior DV history, even a misdemeanor arrest carries a serious escalation risk.

The system will move fast whether you are ready or not. Justice is not freely given, and in a domestic violence case, you cannot afford to wait.

What To Do Right Now

If you were arrested for domestic violence in Colorado, or someone in your family was, here is what matters most in the next 24 hours:

Do not contact the alleged victim. Not by phone, text, through a friend, or through your children. Any contact is a violation of the protection order and a new criminal charge.
Do not return to the shared residence without following the civil standby procedure with law enforcement present.
Do not make statements to police without an attorney present. You have the right to remain silent. Use it.
Call a Colorado criminal defense attorney immediately. The earlier you have legal representation, the more options you have on bond conditions, protection order modifications, case strategy, and how to protect your immigration status, your firearms rights, and your relationship with your children.

Miguel Martínez is a former prosecutor who has spent over 35 years defending the people of Colorado. He has handled thousands of cases, including cases where criminal charges put your freedom and future at stake. He knows the system, the courts, and the prosecutors.

Ready to Talk?

Call the Law Offices of Miguel Martínez at (303) 964-3200, Denver office.
Greeley clients: (970) 353-9828.
Or schedule your consultation now; we respond promptly.

We are here to help you and your family.

Se habla español.

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws and local procedures vary and may change. Every domestic violence case in Colorado is different. If you have been arrested or charged with a crime, consult a licensed Colorado criminal defense attorney in your jurisdiction immediately.

Frequently Asked Questions

Can I go home after a domestic violence arrest in Colorado?

In most cases, no, not immediately. Under C.R.S. §18-1-1001, a mandatory protection order takes effect automatically upon arrest. If the alleged victim lives in your home, the order typically prohibits you from returning until a court modifies or lifts it. Your attorney can petition for a modification, but that process takes time. In the meantime, a civil standby procedure may allow you to return once, with a law enforcement officer present, to retrieve personal belongings.

What is a civil standby in a Colorado domestic violence case?

A civil standby is a procedure that allows an arrested person to return to a shared residence one time, accompanied by a law enforcement officer, to collect personal property. You must request it through local law enforcement or your attorney. The visit is typically limited to 15–30 minutes (timing varies by jurisdiction and agency), and you may only take undisputed personal property: clothing, medications, ID documents, and similar items. You cannot remove shared assets or disputed property. Confirm the exact procedure with your attorney or the local law enforcement office before attempting a civil standby.

Will my case be dropped if my partner doesn’t want to press charges?

Not necessarily, and often, no. In Colorado, domestic violence cases are prosecuted by the District Attorney, not the alleged victim. The alleged victim does not have the authority to drop the charges. The DA retains full discretion to proceed with or without the alleged victim’s cooperation. Colorado prosecutors receive specific training on recantations in DV cases and may proceed even if the alleged victim recants. Do not treat a partner’s statement that they “don’t want to press charges” as a case resolution. Contact a criminal defense attorney immediately.