Law Firm Updates
What is Domestic Violence?
Defending domestic violence allegations in Colorado requires a nuanced understanding of the state’s legal landscape. Individuals accused of domestic violence deserve a fair and thorough defense to ensure justice prevails.
Domestic violence in Colorado is defined in two ways. First, it is an act or threatened act of violence against an intimate partner. Second, it is any other crime committed as a method of coercion, control, punishment, intimidation, or revenge against a person with whom the actor has been involved in an intimate relationship. See C.R.S. § 18-6-800.3.
An intimate relationship is further defined as 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 lived together at any time.” C.R.S. § 18-6-800.3(2).
Domestic violence is not a charge in and of itself, but rather a “sentence enhancer” or “aggravator.” For example, if a person is charged with assaulting an intimate partner, they are not separately charged with assault, but instead charged with assault as an act of domestic violence. But domestic violence is not limited to acts of violence. For instance, if a person is charged with stealing the property of an intimate partner, or even violating a restraining order through contact, those can be charged as acts of domestic violence. This is because of the second definition defined above: any crime committed as a method of coercion, control, punishment, intimidation, or revenge against an intimate partner.
Domestic Violence is different from many crimes because Colorado is a mandatory arrest state. In other words, police in Colorado must arrest anyone they have probable cause to believe committed an act of domestic violence. Remember, that does not necessarily mean an act of physical violence. In rare cases, this can result in both parties being arrested after an altercation.
When a person is charged with domestic violence, not only are they arrested and taken to jail, but a mandatory protection order is also put into effect pursuant to C.R.S. § 18-1-1001. This protection order prohibits the accused from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the crime charged. This may also include a no-contact order, meaning that the restrained party cannot contact the protected party, even if the protected party reaches out first.
The protection order will not be dropped throughout the case, but the no-contact provision may be modified by the judge. Generally, the alleged victim will need to agree to that modification. The mandatory protection order will last for the duration of the case, including throughout the offender’s probation period.
A DV case can proceed with or without the alleged victim’s participation, and violating the protection order through contact or other means is a crime in and of itself and will be considered an act of DV. This crime, violation of a protection order, can occur through contact of any kind, even through a third party.
Navigating the defense against DV charges in Colorado requires a combination of legal expertise, strategic thinking, and a commitment to protecting the accused’s rights. By understanding the legal landscape and seeking the assistance of a qualified defense attorney, individuals facing such allegations can work toward a fair and just resolution. If you find yourself in need of a domestic violence defense lawyer in Colorado, contact Prager Law for expert guidance tailored to your unique situation.
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