What to do when you have been falsely accused of domestic violence charges that have resulted in two warrants for my arrest?

Asked about 2 years ago - Westminster, CO

My girlfriend filed a false police report alleging domestic violence about a year ago. I was arrested and while out on a bail she would text me to come to see her. I knew this was an attempt to have me charged with failure to comply with the restraining order. After refusing her offers not only did my girlfriend allege that I was stalking her to our mutual friends but she later called the police and made a false report stating I kicked in her door and assaulted her new boyfriend. This of course resulted in a warrant being issued for my arrest for “ violating the mandatory restraining order”. When the police arrested me and told me what I was being charged with. I informed them that not only did I never touched her or her boyfriend but during the time of the alleged assault I was with my sons participating in a fundraiser “ Bike to Beat Cancer 20 mile Ride” . Not only do I have several witness to confirm my where about but there are also several photos of me and my family at the rally on Facebook and the fundraiser web site. This did not matter I was still arrested.
Now, whenever she is angry or wants something from me she will text message me that I need to buy her gas or pay for her to stay at a hotel. If I refuse she will punish me by calling the police.
I just found out this morning that a Warrant- Contempt Of Court was issued 2 days ago. Need some legal assistance to stop this madness.

Attorney answers (3)

  1. Nicholas Lubchenco

    Contributor Level 13

    2

    Lawyers agree

    Answered . What you should do is fairly simple. First and foremost, you simply must get an criminal defense attorney. There are a lot of good criminal defense attorneys on this site. Look at their profiles and webpages and contact one or more than one and find one who can help you. Do not do this alone. Period.
    Second, keep records of her attempts to contact you. Do not delete emails, texts, voicemails, etc.
    Third, do not, under any circumstances communicate with her either directly or through a mutual friend or anyone else.
    You just need an attorney very badly. If you cannot afford a private attorney, when you go to court for the first time, request a public defender. Then you can fill out their application and see if you qualify.
    Good luck.

  2. Stephen Clark Harkess

    Contributor Level 20

    2

    Lawyers agree

    Answered . Obviously, the first thing you need is a lawyer. No amount of online advice will improve your situation. You need to defend the criminal charges. You may also consider filing a police report when she threatens you as such threats constitute criminal extortion.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  3. Mark S. Solomon

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If you do not already have one, you really need a lawyer.

    These types of police reports are sometimes difficult to disprove, but once you can disprove one, and show that the government's complaining witness is lying, sometimes the prosecutors will back down and work with you on the charges they might be able to prove.

    However, as I understand Westminster, they are like most municipal city attorney offices and will not usually dismiss DV charges without a plea and DV counseling.

    As such, you may have to go to trial to be acquitted of these charges.

    If you do not already have one, you really need a lawyer to be able to know if your case(s) are good risks or bad risks for trial so you know what your risk liability will be between a guilty plea to an offer and trial.

    This is general informational response is based only on the information given. It should not be relied upon... more

Related Topics

Criminal charges for domestic violence

Domestic violence is physically, sexually, emotionally, economically, or mentally abusive behavior used to control an intimate romantic partner.

Criminal charges for false imprisonment

False imprisonment is restraining someone for a period of time without that person's consent and without justification for the restriction.

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