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Domestic Violence and Victim’s Advocates

Learn more about the role of victim's advocate when it comes to Domestic Violence charges in Colorado.

Domestic Violence is charged far too easily in Denver, Adams, and Jefferson County and across Colorado. We’ll give you an example of a common arrest:

It is late Friday night. A husband has had a rough week and is drinking more than usual. Normally, this would not be a problem; but because of the week, both spouses’ tempers are rising. Harsh words are spoken and threats are made. This time, the wife has had enough. In a fit of rage, she calls the police in Jefferson County and police officers come to the home. Based solely on her word, her husband is taken to jail on the allegation of Domestic Violence. At this point, she is assigned an advocate by the police department to be with her during her Domestic Violence case.
The attorneys at our office understand how to work within the

justice system to get you the best outcome possible in your case.

What is the Role of a Victim’s Advocate in Denver?

The victim’s advocate serves as a go-between during a trial.

In Denver County, a trained Victim’s Advocate is there to provide support, encouragement, and information during a trial. Most of the time the Victim’s Advocate is a female because most victims in Domestic Violence and Sexual Assault cases are female. Some advocates are paid, and some volunteer their services. They serve as a go-between when it comes to domestic violence and sexual assault cases. While most Victims’ Advocates are there to provide support and guidance, some do not follow the letter of the law and instead allow personal opinion to get in the way. This causes many innocent people to suffer.

Victim’s Right’s Advocates Don’t Always Follow the Law

Victim’s advocates often let their own bias get in the way.

In the name of “doing what is best”, some victims are pressured into making decisions which they would not have made otherwise. These decisions are based on the encouragement of their advocate. In our experience, we have even heard of victims being threatened by their advocate to divorce their spouse so they do not lose custody of their children. What could be handled through counseling, various treatment plans, and the truth is now solved through divorce, restraining orders, and custody battles.

Interference by an Advocate

Victim’s advocates don’t share information with the defense.

Because most information given to a Victim’s Advocate in Adams County is confidential, criminal defense attorneys have a difficult time uncovering the truth. A Victim’s Advocate is allowed to share information with others only if one of the following occurs:The victim’s advocate will not share information with the defense.

  • Threats to herself and or the victim are made
  • Or children are being neglected or abused

Otherwise, the victim and her testimony is considered “safe” with her advocate and will not be revealed to the defense. An advocate takes this very seriously. We have personally seen “alleged victims” being hurried out of the courthouse or into a private space so as not to allow a defense attorney to speak with them. While this practice is not fair or just for the defendant, judges in Arapahoe County often condone this method. After all, they are protecting the victim from possible future occurrences and themselves from accusation and fault if a crime is committed in the future.

Get Help Now

At the O’Malley Law Office, our experienced attorneys know how to work within the system and on the side of the law. We work hard to uncover the truth and present the best defense possible to save your future. Call us today for a free consultation at  303-830-0880. Together, we can protect your future.
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