Lawyers Making a Difference

Lawyers Making a Difference

Thursday, August 25, 2011

Assistance for Victims of Domestic Violence

In addition to providing access to legal services to the public and educating the community, the Pro Bono Project of Mesa County assists the victims of domestic violence.  In Colorado and in the Grand Valley particularly, there are resources and assistance available for these victims.  This post explains victim's rights and the resources available in our area.

In 2002, the Colorado legislature passed the Victim's Right's Amendment. Colo. Const. Art. II, Sec. 16a.  The Victim's Rights Amendment provides victims of crimes (Including domestic violence) the right to be heard and to be present at all critical stages of the criminal justice process.  This includes a victim's right to be heard at a defendant's bond hearing, plea hearing, and sentencing hearing. See C.R.S. 24-4.1-302.5.  To ensure that these rights are extended to victims, the legislature requires the District Attorney's office to consult with victims regarding the reduction of charges, negotiated pleas, and the dismissal of charges. See C.R.S. 24-4.1-303.  

When a victim of domestic violence contacts law enforcement, the officer shall arrest the suspect if the officer has probable cause to believe that a crime involving domestic violence was committed. C.R.S. 18-6-803.6  Upon the arrest of the suspect, the Court will issue a mandatory restraining order, restraining the suspect from harassing, intimidating, or tamping with any witness or victim of the acts charged.  The Court also has the authority to order the suspect to not have any contact with the victim and to stay away from the victim's residence and place of employment.  Upon probable cause, police officers must arrest any restrained person who has violated the restraining order.

The District Attorney's Office for the 21st Judicial District (Mesa County) provides a victim's assistance program, and is available to answer questions and address concerns.  Additionally, the Grand Junction Police Department provides a Victim Advocacy Program to assist victims of crimes, including domestic violence. 

For counseling and shelter services, victims of domestic violence may contact Hilltop's Latimer House.  The Latimer House's crisis hotline can be reached at 970-241-6704. 

Victims of domestic violence may also apply for a civil protection order to keep the offender at bay.  The protection order is filed in the District Court, and the Court can order the offender to refrain from any contact with the victim or the victim's residence or employment.  The Court does not charge a filing fee for victims of domestic violence seeking a protection order. 



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