A domestic violence arrest in Colorado does not pause for confusion. As soon as the handcuffs are snapped on, a clock begins ticking and in a state where more than 20,000 people are arrested for domestic violence every year, the system is designed to move quickly and not wait. The mandatory holds, fast-track court process and protection order all come before many families even know where their loved one is. There is no possibility of dismissing the accusations. There’s nothing to be done to slow the process. The first few hours of decisions will dictate how long someone will be in the system and how much it will cost to get them out. Don’t call anyone until you read this.
Colorado Does Not Give You a Choice
A domestic violence arrest in Colorado does not pause for confusion. As soon as the handcuffs are snapped on, a clock begins ticking and in a state where more than 20,000 people are arrested for domestic violence every year, the system is designed to move quickly and not wait.
The mandatory holds, fast-track court process and protection order all come before many families even know where their loved one is. There is no possibility of dismissing the accusations. There’s nothing to be done to slow the process. The first few hours of decisions will dictate how long someone will be in the system and how much it will cost to get them out. Don’t call anyone until you read this.
What Colorado Actually Defines as Domestic Violence
Under Colorado law C.R.S. 18-6-800.3(1), domestic violence is an act of violence or threatening violence toward a person with whom the accused is or has been in an intimate relationship.
That definition is broader than most people realize. It does not necessarily have to be an actual assault. If the victim is a current or former intimate partner, any behaviour that leads to property damage, harassment, stalking etc., can be considered domestic violence. That designation alters the way that bail is set and what restrictions are associated with it.
The Mandatory Hold: Why Release Is Not Immediate
This is one thing that most families are surprised by.
It is not uncommon for a person to be held on a no bond hold in domestic violence cases until they appear before a judge. During that initial appearance, the judge will set bond and requires a protection order, which might limit contact with the alleged victim and access to a joint household.
No one can post a bond until a judge has set a bond. No amount of urgency changes that. The hold concludes at a bond hearing, which is within 24 hours of the arrest for weekdays. Arrests on Friday and/or Saturday night can be held over the weekend before a judge becomes available.
Aurora vs Castle Rock: How Each County Handles DV Arrests
Aurora Arapahoe County
Arrests for Aurora domestic violence offenses go through Arapahoe County Detention Facility at 7375 South Potomac Street in Centennial. The trial for cases is heard in the 18th Judicial District Court at the Arapahoe County Justice Center, 7325 South Potomac Street. Bond hearings are usually held within 24 hours in the case of a weekday booking. Arapahoe County judges routinely set conditions of bond that include GPS monitoring, mandatory check-ins with Pretrial Services and, for more serious cases, continuous alcohol monitoring by SCRAM ankle bracelets.
Castle Rock Douglas County
Domestic violence arrests made at Castle Rock pass through the Douglas County Detention Facility, 4000 Justice Way. Most Douglas County cases will have a suspect appear in court one business day after arrest, one of the quicker bond hearing turnaround times on the Front Range. Bonds are accepted 24 hours a day in Douglas County and there is online bonding available, which can help expedite processing and release time. Parents facing domestic violence charges here are likely to be subjected to extensive condition-setting at bond including regular appointments for domestic violence evaluations as a pretrial condition, as well as parenting time restrictions where applicable.
How Bail Is Set in Colorado Domestic Violence Cases
Domestic violence doesn’t have a set bail schedule. The factors that judges consider are not only those involved in the charge, but have a great deal of discretion.
What Pushes Bail Higher
- Prior domestic violence convictions: Colorado’s Habitual Domestic Violence Offender law under C.R.S. 18-6-801(7) imposes significantly elevated consequences for repeat offenders including higher bond amounts and stricter conditions
- Threat level to the alleged victim: Judges directly assess whether the defendant poses ongoing risk when setting bond
- Prior criminal history: Existing warrants, prior failures to appear, or open cases all factor directly into the amount
- Severity of the charge: A misdemeanor harassment charge carries a different calculation than a felony assault charge even when both carry the domestic violence designation
- Flight risk factors: Employment status, community ties, length of residence, and family connections all influence the court’s determination
Higher bail on domestic violence charges and sometimes along with protective order. Bail bond agency premiums are non-refundable, meaning they charge 10-15% of the bail amount, no matter the outcome of the case. Other costs may be for court surcharges, GPS monitoring or jail processing.
The Mandatory Protection Order: What It Actually Means
The no contact restraining order is mandatory and in effect at the time the person is told of their rights at their first court appearance until the case is dismissed or the defendant is acquitted or till the defendant completes their sentence.
That is not the next court date. That’s the end of the whole case.
An additional requirement for all domestic violence releases on conditions of C.R.S. 18-6-800.3(1) is that the person released must acknowledge the protection order provided in section 18-1-1001(5) C.R.S.
In real terms no return to a common home, whether owned or rented by the defendant. No contact by any means. No specific location near the alleged victim. Failure to comply with these conditions results in immediate re-arrest, cancellation of bond and further criminal charges in addition to the initial charge.
Indirect contact, such as asking a mutual friend to pass on a message, sending flowers via someone else, or asking a family member to contact someone, is a violation of a protection order. The no contact order must be strictly followed until the courts change it or lift it.
When Bail Is Denied Entirely
Defendants are not always eligible for bail in cases of domestic violence. This is the information you must have before you go after a bondsman.
If the defendant has been previously convicted of three or more prior domestic violence offenses (each of which was brought and tried separately) and each offense was a result of a separate criminal incident, then Colorado law prevents the defendant from setting bail for that offense.
Colorado law also bars bail for persons arrested for a violent crime who have a prior conviction for another violent crime, or who are currently out on bail for a violent crime.
If either of those categories applies then there will be no bail and no bondsman can change that.
The Fast-Track Procedure: Why Time Is the Variable That Matters Most
Colorado law creates fast-track procedures specifically for domestic violence offenses. An incident report must be made by the arresting officer within 24 hours of the incident. The defendant must enter a plea at the initial appearance in court.
All bond, protection order and initial plea are within a short period of time. The time from hearing to release is drastically shortened if a bondsman has already been briefed on the case and is prepared to post bond the moment a bond is set. A family calling cold after the hearing has concluded adds hours, sometimes an entire additional night in custody to a timeline that is already running against them.
What Happens If Bond Conditions Are Violated
Bond conditions in a domestic violence case are not suggestions. Any violation of one of them, such as missing a pretrial check-in, testing positive on a monitoring device, contacting the alleged victim by any means or returning to the shared residence has immediate consequences.
The bondsman is entitled to arrest the defendant and present him for custody. The court initiates bond revocation proceedings. A protection order violation is a crime in its own right, on top of the underlying case. All collateral is put at risk.
What to Have Ready Before You Call
The faster you have the following information prepared, the faster the process moves:
- The full legal name of the person arrested and their date of birth
- Which facility is holding them Arapahoe County in Centennial or Douglas County in Castle Rock
- The booking number if available
- The bail amount if it has already been set at the bond hearing
- The charges as listed at booking
Even if the bond hearing hasn’t yet taken place, a bondsman can be on hand to confirm the facility, draft the necessary paperwork and be ready to post bond as soon as the bond is set, which is much faster than waiting until after the bond hearing.
Conclusion
Domestic violence does not wait for anyone to find out the process when an arrest takes place in Aurora or Castle Rock. The conditions on the bond for release; the fast-track court procedure; the mandatory protection order and the mandatory hold all play on a time line that does not reward delay, and does reward preparation.
Call Fast & Easy Bail Bonds today if a loved one has been arrested for domestic violence in Aurora or Castle Rock. Open 24 hours a day 7 days a week, including weekends and holidays in Arapahoe and Douglas counties. As soon as a judge sets bond, we are available to post them.