Word affidavit composed of wooden letter blocks on judge desk

Firearms Affidavit After a Domestic Violence Charge in Colorado

Law Office of Lori Crystal, LLC  Nov. 21, 2023

Understanding the complex dynamics surrounding firearms possession following a domestic violence charge in Colorado can undoubtedly be challenging. But armed with the right knowledge, you can navigate these intricacies confidently. 

At the Law Office of Lori Crystal, LLC, we are dedicated to providing the legal support and guidance you need during these challenging times. Our skilled attorney is well-versed in Colorado's domestic violence and firearms laws, and we aim to simplify the process for you. Our mission is to protect your rights and ensure you are treated fairly throughout the process.

Understanding Domestic Violence Charges

In Colorado, domestic violence charges aren't as simple as they might seem. These charges can be defined as any act or threatened act of violence against a person with whom the defendant has an intimate relationship. This includes spouses, former spouses, current, or former partners, co-parents, and individuals who are, or were, in a dating relationship. But it's not just physical abuse—emotional, sexual, or financial abuse can also lead to a domestic violence charge. The complexity of these charges means that every case is unique and requires careful consideration. 

Colorado Firearms Law

When it comes to firearms possession after a domestic violence charge in Colorado, the law is quite strict. Under federal law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. Colorado state law echoes this, prohibiting individuals subject to certain protection orders or convicted of domestic violence offenses from possessing firearms. It's important to know that even if the domestic violence charge doesn't result in a conviction, the prohibition on firearms possession may still apply. 

The Role of an Affidavit

An affidavit plays a significant role in the process of firearms possession after a domestic violence charge. It's a written statement made under oath, providing factual information about the individual's eligibility to possess firearms. In the context of domestic violence charges, an affidavit is often required to demonstrate that the individual isn't subject to any disqualifications or prohibitions that would prevent them from possessing firearms. 

In simpler terms, an affidavit after a domestic violence charge allows individuals to provide evidence that they are legally allowed to possess firearms, despite the charges. It's crucial to note that providing false information in an affidavit may result in serious legal consequences. Therefore, it's essential to seek the guidance of a knowledgeable attorney when preparing and filing an affidavit. 

Steps to File a Firearms Affidavit

Navigating the process of filing a firearms affidavit following a domestic violence charge can seem daunting, yet it is a crucial step towards reestablishing your right to possess firearms. Comprehending the steps involved is essential and can make the entire process more manageable.  

  1. First, you should consult with an attorney. They can guide you through the process and ensure compliance with all legal requirements.  

  1. Next, gather necessary information, including personal details, case information, and any documentation related to the domestic violence charge.  

  1. Complete the affidavit form, swear, or affirm the affidavit, submit the affidavit, and then await review, and approval. Remember, this process can take time, so be patient.  

  1. Lastly, comply with any additional requirements such as attending counseling or completing a treatment program. 

To get a firearm affidavit acquitted in Colorado after a domestic violence charge, you'll need to present strong evidence supporting your eligibility for firearms possession. This may involve gathering supporting documentation, such as character references, completion certificates for counseling or treatment programs, and any other relevant evidence that demonstrates rehabilitation and a low risk of future violence. 

In the intricate journey of navigating domestic violence charges and firearm possession, we stand as your reliable partner, protecting your rights and offering strategic legal guidance every step of the way. 

Potential Consequences

What happens if you don't file an affidavit or if you're found in possession of a firearm after a charge? The consequences can be severe. These include: 

  • criminal charges 

  • protection order violations 

  • a negative impact on future legal proceedings like child custody disputes or divorce proceedings 

  • loss of certain rights, such as the right to possess firearms, the right to vote, and the right to hold certain professional licenses 

In situations like these, seeking legal advice isn't just a good idea, it's a must. A skilled attorney can navigate the legal maze with ease, providing you with much-needed peace of mind. At the Law Office of Lori Crystal, LLC, we have the knowledge to support you during these challenging times. 

Your Rights Matter—Use Them

Understanding your rights and responsibilities is key when dealing with firearms affidavits following a domestic violence charge in Colorado. If you have any questions or need legal support, don't hesitate to reach out. We're here at the Law Office of Lori Crystal, LLC, located in Castle Rock, Colorado, ready to help you navigate these tough times. We proudly serve clients throughout Parker, Lone Tree, Highland Ranch, Larkspur, Castle Pines, Franktown, Elizabeth, Kiowa, and Centennial.