Domestic Violence in Colorado

Domestic violence cases in Colorado move fast. They’re complex. DV cases are emotionally charged. If you’ve been accused of domestic violence your reputation, job, family, and liberty are on the line. Rights & Liberties Law Firm represents individuals ensnared in complex domestic violence cases that threaten everything. The attorneys at Rights & Liberties Law Firm deploy strategic, assertive, and smart defense strategies for individuals facing domestic violence charges in the Denver metro area. At Rights & Liberties Law Firm we know that domestic violence situations aren’t black and white. From genuine misunderstandings and well-intentioned 911 calls to jilted lovers and emotionally unstable exes the domestic violence attorneys at Rights & Liberties Law Firm have your back. We believe in our clients and will stop at nothing to defend your rights and liberties in domestic violence matters.

What is domestic violence in Colorado?

Domestic violence charges are not stand alone criminal offenses. Instead, domestic violence charges are an offense designation that arise when an individual commits or threatens an act of violence upon an intimate partner. This designation also operates as a sentencing enhancers that triggers distinct domestic violence specific legal penalties. More on that below.

C.R.S. 18-6-800.3 defines domestic violence as follows:

C.R.S. 18-6-800.3 Colorado’s Domestic Violence Statute

(1) “Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. (2) “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

Do domestic violence charges in Colorado require mandatory arrest?

Colorado’s domestic violence mandatory arrest law requires police officers who have probable cause to believe that a domestic violence crime had been committed to immediately arrest the person suspected of domestic violence. The problem is police officers are often biased. They often make snap judgments with little or no investigation into the incident. In some cases poor investigation and biased policing lead to the wrong person being charged with DV. Worse, shoddy investigation and biased policing can lead to innocent people being charged with domestic violence offenses they didn’t commit. In Colorado, when police have probable cause to believe a person has committed domestic violence there are no warnings, no citations, or summonses. Someone is going to jail.

C.R.S. 18-6-803.6 Colorado’s Domestic Violence Mandatory Arrest Statute

(1) When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 18-6-800.3 (1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission pursuant to the provisions in subsection (2) of this section, if applicable, and charge the person with the appropriate crime or offense. Nothing in this subsection (1) shall be construed to require a peace officer to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence. Additionally, nothing in this subsection (1) shall be construed to require a peace officer to arrest either party involved in an alleged act of domestic violence when a peace officer determines there is no probable cause to believe that a crime or offense of domestic violence has been committed. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer’s station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made.

(2) If a peace officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine if a crime has been committed by one or more persons. In determining whether a crime has been committed by one or more persons, the officer shall consider the following:

(a) Any prior complaints of domestic violence;

(b) The relative severity of the injuries inflicted on each person;

(d) The possibility that one of the persons acted in self-defense.

(3)

(a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim’s children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order for the care and control of the child or an order allocating parental responsibilities with respect to the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (3).

(b) For purposes of this subsection (3), “shelter” means a battered women’s shelter, a friend’s or family member’s home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.

(4)

(a) The arresting agency shall make reasonable efforts to collect and preserve any pertinent evidence until the time of final disposition of the matter, including, but not limited to, the following:

(I) Any dispatch tape recording relating to the event;

(II) Any on-scene video or audio tape recordings;

(III) Any medical records of treatment of the alleged victim or the defendant; and

(IV) Any other relevant physical evidence or witness statements.

(b) However, in the absence of bad faith, any failure to collect or preserve any evidence listed in paragraph (a) of this subsection (4) shall not be grounds to dismiss the matter.

(4.5) When a peace officer responds to a call or is otherwise responding to a report about an alleged offense involving domestic violence, as defined in section 18-6-800.3 (1), or other domestic dispute, the officer shall include in his or her written or oral report concerning such incident whether children may have seen or heard the alleged offense; except that, in the absence of bad faith, the failure of a peace officer to note that a child may have seen or heard the alleged offense shall not be grounds to dismiss the matter.

(5) A peace officer shall not be held civilly or criminally liable for acting pursuant to this section if the peace officer acts in good faith and without malice.

What are the most common domestic violence offenses in Colorado?

Domestic violence charges can be applied to any offense involving allegations of domestic violence against an intimate partner. This includes theft, property offenses, and many other offenses a person wouldn’t normally think of when thinking about domestic violence situations.

Although not exhaustive, here’s a list of some of the most common types of charges arising out of domestic violence situations:

Assault in the first, second, or third Degree (CRS 18-3-202 – 204)
Burglary (C.R.S. 18-4-202-204)
Criminal mischief (C.R.S. 18-4-501)
False imprisonment (CRS 18-3-303)
Harassment (CRS 18-9-111)
Menacing (CRS 18-3-206)
Obstruction of telephone (18-9-306.5)
Second degree assault – Strangulation (C.R.S. 18-3-203(1)(i))
Sexual assault (CRS 18-3-402)
Stalking (CRS 18-3-602)
Violating a protection order (CRS 18-6-803.5)

Do domestic violence charges in Colorado require physical injury?

No. It’s important to understand that domestic violence extends beyond physical or sexual harm. It can take many forms, including:

Financial Abuse

Blackmailing the victim
Limiting the victim’s access to their own financial resources such as bank accounts, cash, or credit cards
Hindering the victim’s ability to earn income
Attempting to get the victim fired from their job
Controlling or stealing the victim’s money, PIN numbers, and other financial information
Misusing the victim’s social security number for personal gain

Technological Abuse (can occur remotely)

Cyber-stalking the victim
Unauthorized access to the victim’s email and social media accounts
Posting explicit content without the victim’s consent or forcing the victim to post such content
Excessive texting or calling
Sending harmful messages
Monitoring the victim’s devices without their knowledge or consent
Restricting the victim’s access to their own digital devices

Stalking:

Constantly calling or texting the victim
Following the victim or lingering around their location
Giving unwanted gifts to the victim
Damaging or destroying the victim’s property
Tracking the victim’s movements, possibly by installing a GPS device on their vehicle

Verbal or Emotional Abuse:

Publicly humiliating or shaming the victim
Shifting the blame onto the victim
Making threats of physical harm against the victim, their loved ones, or their pets
Controlling who the victim can interact with

Do domestic violence cases require a mandatory protection order?

Yes. Pursuant to C.R.S. 18-1-1001(1) ”any person charged with a criminal violation of any of the provisions of this title 18, which order remains in effect from the time that the person is advised of the person’s rights at arraignment or the person’s first appearance before the court and informed of such order until final disposition of the action. Such order restrains the person charged from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged.”

In cases involving domestic violence allegations, the court “[u]pon motion of the district attorney or on the court’s own motion for the protection of the alleged victim or witness, the court may, in cases involving domestic violence as defined in section 18-6-800.3 (1)…enter any of the following further orders against the defendant:

(I) An order to vacate or stay away from the home of the alleged victim or witness and to stay away from any other location where the victim or witness is likely to be found;

(II) An order to refrain from contact or direct or indirect communication with the alleged victim or witness;

(III) An order prohibiting possession or control of firearms or other weapons;

(IV) An order prohibiting possession or consumption of alcohol or controlled substances;

(V) An order prohibiting the taking, transferring, concealing, harming, disposing of, or threatening to harm an animal owned, possessed, leased, kept, or held by an alleged victim or witness; and

(VI) Any other order the court deems appropriate to protect the safety of the alleged victim or witness.”

Failure to comply with the terms and conditions of the mandatory protection order commits the crime of violation of a protection order.

How long do protections orders last in domestic violence cases?

Domestic violence mandatory protection orders can last from the first court appearance until a person is acquitted, the case is dismissed, or if convicted, until the person completes their sentence.

Can a protection order be dropped, modified, or amended?

The accused can file a motion to drop a protection order. The judge is not likely to grant a motion to completely drop a protection order. However, in extenuating circumstances judges may modify a protection and change terms and conditions to be less restrictive in order to accommodate the practical realities of both the accused and the alleged victim. For example, if the accused and the alleged victim work together, the protection order may be modified to authorize incidental contact at work. If the accused and the alleged victim have children together the judge may modify the protection order to allow incidental contact between the parties for the purposes of exchanging the children. The judge may also authorize communications between the parties.

In domestic violence cases judges are more likely to modify protection orders for individuals who have:

No criminal history or a limited non-violent criminal history
No prior protection order violation cases
Complete a treatment program
Or when the DA and alleged victim do not object to modification.

If you’re charged with domestic violence and have a protection order can you return home or see your kids

If your protection order forbids you from going home or seeing your children, the most important thing is to abide by the order while your attorney files a motion to modify the protection order to authorize your return home or permit you to see your children. Even if the alleged victim allows you to return home or permits you to visit your children, if the protection order prohibits you from doing so and that protection order has not been modified by a judge house to see the kids, you could be charged with a new crime for violating a protection order.

While you’re waiting for your case to resolve or your protection order to be modified you or your attorney can request a “civil standby” or “civil assist” where a police officer or sheriff’s deputy accompanies you into your home for a brief period of time for you to retrieve essential personal belongings. You will not be allowed to take property that is in dispute.

Do domestic violence charges in Colorado trigger mandatory gun relinquishment laws?

Yes. If you’ve been charged with a domestic violence offense in Colorado the law requires the court to order the individual to refrain from possessing or purchasing firearms and ammunition and to relinquish any firearms or ammunition in the individual’s immediate possession or control. Colorado’s mandatory gun relinquishment law in domestic violence cases is contained in the mandatory protection order statute which reads as follows:

C.R.S. 18-1-1001 (9) Colorado’s Mandatory Gun Relinquishment Law in Domestic Violence Cases

(9)

(a)Order requirements. When the court subjects a defendant to a mandatory protection order that the court, using the probable cause standard of review, determines on the record after reviewing the probable cause statement or arrest warrant that the order includes a crime that includes an act of domestic violence, as defined in section 18-6-800.3 (1), and the act of domestic violence involved the threat of use, use of, or attempted use of physical force, the court, as part of such order:

(I) Shall order the defendant to:

(A) Refrain from possessing or purchasing any firearm or ammunition for the duration of the order; and

(B) Relinquish, for the duration of the order, any firearm or ammunition in the defendant’s immediate possession or control or subject to the defendant’s immediate possession or control; and

(II) May require that before the defendant is released from custody on bond, the defendant relinquish, for the duration of the order, any firearm or ammunition in the defendant’s immediate possession or control or subject to the defendant’s immediate possession or control; and

(III) Shall schedule a compliance hearing pursuant to subsection (9)(e) of this section and notify the defendant of the hearing date and that the defendant shall appear at the hearing in person unless the hearing is vacated pursuant to subsection (9)(e)(I) of this section.

What are the possible penalties for domestic violences charges in Colorado?

As a sentence enhancer domestic violence charges expose the individual to domestic violence specific penalties. Domestic violence penalties include:

Domestic violence evaluation
Domestic violence treatment
Firearm possession and purchase prohibition
Firearm relinquishment

A person who is convicted of a domestic violence offense will face the possible penalties and sentencing range the offense carries and the domestic violence specific sentence requirements mandated in C.R.S. 18-6-801, which provides:

C.R.S. 18-6-801, Colorado’s Domestic Violence Sentencing Statute

“In addition to any sentence that is imposed upon a person for violation of any criminal law under this title 18, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board.”

C.R.S. 18-6-801(7)(a), Colorado’s Habitual Domestic Violence Offender Statute

“Any misdemeanor offense that includes an act of domestic violence is a class 5 felony if the defendant at the time of sentencing has been previously convicted of three or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes.”

Rights & Liberties Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with habitual domestic violence offender in Colorado will face.

Habitual DV Offender Charge

Habitual Domestic Violence Offender 18-6-801(7)(a)

Possible Penalties

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

What is the statute of limitations for domestic violence offenses in Colorado?

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for domestic violence offenses in Colorado is as follows:

Felony homicide domestic violence charges have no statute of limitations. C.R.S. 16-5-401(1)(a)
Felony sexual assault domestic violence charges must be filed within 10 years. C.R.S. 16-5-401(8)(a)
All other Felony domestic violence charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor domestic violence charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Petty domestic violence charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)

What if the alleged victim recants, can a prosecutor dismiss domestic violence charges?

No, not unless “prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court.” C.R.S. 18-6-801(3).

In fact, under C.R.S. 18-6-801(3) “a person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation.”

Colorado’s domestic violence laws make domestic violence charges very serious. Unlike most other crimes in Colorado where prosecutors are given leeway in deciding how to resolve cases, in domestic violence matters, prosecutors are prohibited from dismissing DV cases unless they tell the court that they cannot establish a prima facie case of domestic violence. Even where the evidence is thin and the allegations aren’t credible, prosecutors are not going to stick their necks out for you. If you’re charged with domestic violence and you want to protect your good name it’s time to reach out to Rights & Liberties Law Firm and start fighting for your rights and liberties today.

Contact Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with a domestic violence offense contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:

The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.