Colorado Domestic Violence Laws

Colorado takes domestic violence (DV) cases very seriously, with mandatory arrests and immediate protective orders. This article will explain the laws, penalties, defenses, and collateral consequences of DV cases and more about finding the right lawyer.

What is Domestic Violence in Colorado?

C.R.S. § 18-6-800.3 defines domestic violence as acts or threatened acts of violence against someone with whom the accused has or had an intimate relationship. Colorado defines intimate relationships broadly to include spouses, ex-spouses, current or former romantic partners and co-parents. Domestic violence is not just physical harm. Emotional, psychological, sexual and economic abuse can all be domestic violence.

Domestic violence also includes crimes of property—like damaging someone’s belongings—and economic abuse—like financial fraud. A common example is criminal mischief, where breaking a partner’s phone or damaging their car could be charged as domestic violence. The enhancer applies whether the couple is still together or if the abuse is physical.

Domestic Violence Charges

The domestic violence enhancer applies to many different types of crimes. Some of the most common underlying charges are:

• Assault: Physical harm like hitting, shoving or strangling.
• Violating Restraining Orders: Contacting a protected person despite a court order.
• Harassment: Unwanted contact in person or online including cyberstalking.
• Stalking: Behaviors that cause emotional distress or fear.
• Menacing: Threatening someone to cause fear of immediate harm.
• False Imprisonment: Restricting someone’s freedom like locking someone in a room.
• Sexual Assault: Non-consensual sexual acts.
• Child Abuse: Harm or neglect of a minor.

Mandatory Arrest in Colorado

Colorado has a mandatory arrest policy for domestic violence cases. If law enforcement has probable cause to believe a domestic violence crime has occurred, they must arrest the accused even if the victim doesn’t want to press charges. This is about victim protection but can also result in arrests based on misunderstandings or false allegations.

Once arrested, the accused will be issued a mandatory protection order (restraining order) that prohibits them from contacting the alleged victim. Violating this CRS 18-1-1001 order is a class 1 misdemeanor punishable by:

• Up to 364 days in jail
• Fines up to $1,000

Keep in mind: This is a court order, not a suggestion. In cases where the alleged victim wants contact, the accused must still comply with the protection order until it’s lifted by the court.

What are the Penalties for Domestic Violence in Colorado?

Since domestic violence is an enhancer, the penalties depend on the underlying charge. But the accused will likely get:

• Counseling and Treatment: Defendants are often required to complete a domestic violence treatment program after they have received a domestic violence evaluation.
• Extended Protection Orders: Courts can extend protection orders even after sentencing.
• Probation: In some cases, probation can be offered instead of jail time especially for first time offenders.
• Jail time: Although jail isn’t mandatory on misdemeanor DV charges, it is always a possibility.
• Fines and court costs

Habitual Domestic Violence Offenders

Colorado takes repeat offenders very seriously. A person with four or more domestic violence related convictions can be classified as a habitual offender which is a felony:

• 1 to 3 years in state prison with 2-year parole
• Fines from $1,000 to $100,000

This is meant to target those with a history of abusive behavior, so stricter penalties with each offense.

Collateral Consequences of a Domestic Violence Conviction

Beyond fines and jail time, a domestic violence conviction can impact many areas of life including:

• Employment: Many jobs especially those that require licenses will be off limits with a criminal record.
• Housing: A conviction will make it hard to rent or get loans for housing.
• Child Custody: Courts will consider a domestic violence conviction when determining custody and visitation.
• Firearm Rights: Under federal law, a domestic violence conviction will result in permanent loss of firearm rights.
• Military Status: If you’re in the military, you can be discharged or face other career ending consequences.

What if the Victim Changes their story? Or refuses to testify?

Even if the alleged victim recants or wants to drop the charges, Colorado prosecutors can still proceed. Prosecutors assume victims retract their statements because of fear or coercion. They’ll use independent evidence like police reports, eyewitness testimony or video footage to prove the case beyond a reasonable doubt. A case will only be dismissed if the prosecutor determines there’s not enough evidence to prove the case, or they are unable to proceed because of lack of evidence.

Domestic Violence Defense

Defending domestic violence charges requires a customized approach to the case. Common defenses are:

1. False Allegations: The defense can argue the allegations were made for personal reasons such as to gain an advantage in a custody battle.
2. Self Defense: If the accused acted in reasonable self defense, they may have been justified in using force to protect themselves.
3. Lack of Evidence: The prosecution must prove the case beyond a reasonable doubt. Weak or conflicting evidence will get the case dismissed.

What to Do if You’re Charged with Domestic Violence?

If you’re charged with domestic violence, the first thing to do is to stay calm and follow the terms of any protection orders. Don’t contact the alleged victim even if they contact you, as that can lead to additional charges. Other things to do:

1. Document the Incident: Write down your version of events as soon as possible to preserve your memory of what happened.
2. Gather Evidence: Collect any relevant evidence like text messages, emails, or surveillance footage.
3. Request a Civil Standby: If you need to get personal belongings from a shared residence, request a civil standby through the local police so you don’t violate the protection order.
4. Get a Lawyer Right Away: Time is of the essence in domestic violence cases so get legal advice as soon as possible.

How Do I Choose a Domestic Violence Lawyer?

Finding the right attorney can make all the difference in your case. Look for a criminal defense lawyer with experience in domestic violence cases in Colorado. Here are some tips to find the right lawyer:

1. Research Local Attorneys: Search for attorneys with domestic violence defense experience and good client reviews.
2. Ask for Referrals: If you know someone in a similar situation, ask for a recommendation.
3. Schedule Consultations: Many attorneys offer free initial consultations. Use this opportunity to ask about their experience, strategy, and fees.
4. Choose Someone You Trust: Domestic violence cases are emotionally charged. Choose an attorney who listens and communicates clearly.

Conclusion

Domestic violence charges in Colorado are serious and have legal and personal consequences including mandatory arrests, protection orders and potentially life-changing penalties. Defendants must act fast to protect themselves, starting with getting good legal advice. Whether it’s a misdemeanor or felony charge, navigating a domestic violence case requires knowledge of the law, evidence gathering, and the right defense strategy.

Choosing the right criminal defense attorney is key to getting the best result. With the right lawyer, you can challenge false allegations, present evidence of self-defense and minimize the long-term effects of a domestic violence accusation.