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In Colorado, domestic violence charges are serious allegations that involve acts or threatened acts of violence against individuals in intimate relationships. These can include spouses, romantic partners, or co-parents. Such charges are used to enhance sentencing for other crimes committed to coerce, control, intimidate, or punish the victim, underscoring the severity of the offense.
What is Domestic Violence?
In Colorado, domestic violence is an “act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” An “intimate relationship” when it comes to domestic violence includes current or former spouses, current or former romantic partners, or people who share a biological or adopted child, whether they had a long-term relationship or not. Domestic violence is a serious crime requiring a strong criminal defense. Domestic violence is not a crime itself; rather, it is a sentencing enhancer attached to other charges, increasing the potential severity of punishment upon conviction.
Common Charges with Domestic Violence Enhancement
Domestic violence enhancements can be applied to various criminal offenses, increasing the penalties upon conviction. Common crimes that often include a domestic violence enhancer are assault, harassment, menacing, criminal mischief, and stalking. Additionally, acts such as sexual assault, false imprisonment, and child or elder abuse may also be subject to these enhancements, reflecting the broad scope of behaviors that can constitute domestic violence.
Some common crimes resulting in a domestic violence enhancer are:
- Assault: Unlawfully injuring someone.
- Harassment: Repeatedly bothering or annoying someone.
- Menacing: Using threats to make someone fear for their life or safety.
- Criminal mischief: Intentionally damaging someone else’s property.
- Stalking: Credible threats followed by repeated attempts to approach, contact, or surveil the threatened party concerning those threats, causing them severe emotional distress.
Sexual contact, sexual assault, false imprisonment, child abuse, elder abuse, and violating a restraining order may also contain domestic violence enhancers. Even financial, technical, verbal, and emotional abuse can constitute an act of domestic violence.
What Happens After an Accusation?
Colorado is a mandatory arrest state, meaning if law enforcement has probable cause to believe you committed an act of domestic violence physically or through coercion, intimidation, revenge, control, or punishment, they are required to arrest you. If an accusation of domestic violence is made against you and the officer finds probable cause, you will be arrested. Even if the alleged victim later rescinds their accusation or decides they do not want to press charges, domestic violence charges can still be brought or maintained.
Protection Orders
A protection order, often referred to as a restraining order, restrains the charged party (defendant) from contacting the protected party (the alleged victim). If you are arrested and charged with a crime that includes a domestic violence enhancer, Colorado courts will automatically issue a mandatory protection order, which generally will require the defendant to avoid contact with the alleged victim and to maintain a certain distance from the alleged victim, prohibiting possession of firearms and other weapons, and prohibiting possession and consumption of alcohol and other controlled substances. The specifics will depend on the nature of the allegations. Protection orders may last from your arrest till the end of your sentence or longer.
If you violate a protective order in a criminal case, the penalty for a first offense is up to 364 days in jail, or up to $1,000 in fines, or some combination of the two, and for subsequent offenses, you may face up to 18 months in jail and up to $1,000 in fines. If you live with your accuser or have children with them, you still must respect an order compelling you to stay away. You may be able to request a civil standby, in which local law enforcement escorts you to the home to collect your personal items. Modifications of a protection order can be requested by the defendant or the alleged victim during the case.
Penalties for Conviction
Because domestic violence is an enhancement, not an independent charge, the penalty upon conviction depends on the initial charge enhanced. Completion of a treatment program or evaluation may be ordered due to the domestic violence enhancer. If you are convicted four times on charges with domestic violence enhancements, you are labeled a habitual domestic violence offender, and punishments can include:
- 1 - 3 years in state prison
- Mandatory 2-year parole
- A $1,000 - $100,000 fine
These penalties are in addition to those imposed on the underlying charge. At Solutions Based Family Law, we offer representation to individuals alleged to have committed acts of domestic violence as well as to victims of domestic violence. Our legal team is dedicated to helping all parties work to navigate rthe criminal justice system in Colorado. If either situation applies to you, it is important to seek advice from an attorney and to understand your rights specifically as they relate to your ongoing situation.
To speak to an attorney with experience handling domestic violence cases, contact Solutions Based Family Law online or call (720) 463-2232 today.