At least once every week someone calls my office thinking that domestic violence means they physically assaulted someone they had sex with. I can’t even count the number of times we hear that “I never hit her/him so they have to dismiss my domestic violence case against me, right?”
That is not true. The Colorado domestic violence laws have evolved beyond just having sex with someone and to include more than just physical violence. There are a number of social and political factors that influence the legislation on domestic violence, and all of these are intended not only to protect the victim but the police, the district attorney as well as the state government that enacted these laws.
Domestic violence is taken very seriously in Colorado. If you are a suspect of domestic violence in Colorado, you can expect that it will be a long, tough road of legal issues before it gets resolved. It is, first, very important to understand what exactly domestic violence is.
What are the Domestic Violence Laws in Colorado?
C.R.S. 18-6-800.3 defines domestic violence in Colorado as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” This applies to same-sex relationships as well as heterosexual relationships. To go into more detail, domestic violence means:
1. Act of violence:
- an act, or;
- threatened act of violence
- upon a person
- with whom the actor is or has been involved in an intimate relationship
2. Any other crime against person or property when used as a method of coercion, control, punishment, intimidation, or revenge:
- any other crime
1. against a person, or;
2. Or against property, including an animal, or;
3. Or any municipal ordinance violation against a person, or
4. Or any municipal ordinance violation against property, including an animal, or; - 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.
“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.
Evidence of a sexual relationship is not necessary to establish the existence of an intimate relationship. People v. Disher, 224 P.3d 254 (Colo. 2010).
A sexual relationship may be an indicator, but never a necessary condition, of an intimate relationship for purposes of the Colorado domestic violence laws. The relationship must be more than that of a roommate, friend, or acquaintance, and there must be a romantic attachment or shared parental status between the parties. People v. Disher, 224 P.3d 254 (Colo. 2010).
When determining whether a relationship is an “intimate relationship”, a court may take into account the following three factors:
- The length of time the relationship has existed or did exist;
- The nature or type of the relationship; and
- The frequency of interaction between the parties. People v. Disher, 224 P.3d 254 (Colo. 2010).
The existence of a dating relationship indicates the kind of romantic attachment required by the statute. Whether that dating relationship was sexual in nature should not have been the determining factor. People v. Disher, 224 P.3d 254 (Colo. 2010).
Domestic Violence Laws: The Fine Print
It’s important to note that domestic violence laws in Colorado aren’t just limited to acts of physical violence between two people in an intimate relationship. Colorado law states that domestic violence also includes crimes against a person, property or animal when used as a method of coercion, punishment, control, revenge or intimidation “against a person with whom the actor is or has been involved in an intimate relationship.”
This means that the actor doesn’t necessarily have to directly commit an act of violence against the victim — threats or acts of violence against the victim’s family, friends, pets, or property also fall under the category of domestic violence.
Domestic violence laws in Colorado state that if a peace officer “determines that there is probable cause to believe that a crime or offense involving domestic violence, has been committed, the officer shall, without undue delay, arrest the person suspected of its commission … and charge the person with the appropriate crime or offense.”
Determining Domestic Violence in Colorado
When determining whether a domestic violence crime has been committed by one or more persons, the officer shall consider the following:
- Any prior complaints of domestic violence;
- The relative severity of the injuries inflicted on each person;
- The likelihood of future injury to each person; and
- The possibility that one of the persons acted in self-defense.
If the peace officer determines there is no probable cause of domestic violence, s/he is not required to arrest either party. However, not making an arrest is rare, as law enforcement tends to err on the side of caution in instances of alleged domestic violence. Therefore, law enforcement will almost always make an arrest if they are called into a domestic violence situation.
The Nuances of an Intimate Relationship
Domestic violence laws in Colorado apply to those involved or previously involved in intimate relationships. That being said, it’s important to note that an intimate relationship doesn’t have to be sexual in nature. Under Colorado Domestic Violence laws, an intimate relationship is 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 have lived together at any time.”
When determining whether a relationship is an “intimate relationship”, a court may take into account the following three factors:
- The length of time the relationship has existed or did exist;
- The nature or type of the relationship; and
- The frequency of interaction between the parties. People v. Disher, 224 P.3d 254 (Colo. 2010).
What Happens When I am Charged with Domestic Violence Laws in Colorado?
The Court can impose “reasonable terms” associated with your bond, which include:
- No contact with the victim or victim’s family (even if it’s your own).
- You cannot return to your house.
- You cannot see your own children.
- You may be subject to an alcohol sensor (you cannot consume alcohol while you are out on bond).
- You may be randomly tested for drugs and alcohol at your expense.
- Your probation officer can come to your home or place of work at any time, unannounced.
- Your probation officer can come to your home and search it at any time, unannounced.
- No possession of a weapon while your case is pending. If you are found guilty, you will have to give up your guns for good.
- They may put you on a State list just for being charged – make sure you know how to timely protect your rights to avoid this.
- You may be ordered to wear a GPS ankle bracelet until the case is concluded.
In addition, the state recently passed a law that forbids those who have been charged with domestic violence law from owning a gun.
These little details are very important. Some people react to a situation in the heat of the moment and don’t even realize they are committing an act of domestic violence until it is too late and charges have been filed.
What if My Partner Doesn’t Want to Press Charges?
If your partner doesn’t want to get the police involved, he or she should call a local crisis center and get advice from them. Once the police have been called, this becomes a legal issue and charges cannot be dropped. Colorado is a mandatory arrest state. This means, if an officer has probable cause to believe you committed an offense of domestic violence, he or she must arrest you, even if the victim doesn’t want this to happen.
After the arrest, the prosecutor will file domestic violence charges, which cannot be dismissed, even if the victim doesn’t want to pursue them. The Colorado Victims’ Rights Act requires prosecutors to consult with victims about how cases will be handled. With that said, even if the victim wants to drop the charges, this can’t be done. The only exception would be if a prosecutor tells the judge he or she is unable to prove that domestic violence occurred. Generally speaking, judges cannot exercise full discretion in the punishment phases of domestic violence cases. Even in the most minor of cases, judges must impost evaluation and treatment plans that are supervised by probation officers. These can be expensive and difficult to maneuver.
How Does COVID-19 Affect Domestic Violence Charges in Colorado?
With courts essentially shuttered during the pandemic, domestic violence hearings have gone on hold. This issue has created a backlog of cases across the state. Although people may not have a court date coming up soon, it’s important to adhere to the law and respect the instructions you’ve been given by the court pre-COVID-19 or by your attorney. This pandemic has caused a lot of distress for many people, and a lot of emotions can arise from this type of situation. The best thing you can do, if you’re feeling overwhelmed or frustrated, is to get out and breathe. Stay with a friend or check into a hotel room for a night if you need distance because COVID-19 only paused domestic violence cases; they’ll continue soon, and you don’t want to be on the wrong side of the law.
Facing Domestic Violence Charges in Colorado? Contact Us.
The court understands that things between two people who have been intimate can definitely get out of hand due to the emotional aspect of an intimate relationship. With this understanding in mind, the court has to be able to protect a person AND their property from being harassed, intimidated, threatened, etc.
Domestic violence is also intended to PREVENT such violent acts such as murder, rape, assault, etc. It also takes into consideration the public policy benefits. It looks better on the police, the court, and the state government if they are perceived to be tough on crime, and protecting victims. This is also what leads to mandatory arresting.
It should also be noted, the victims do not have any say if a case goes forward or not. Let’s say, your husband has been charged with domestic violence because of a fight you had while you were both drinking. You WILL NOT be able to drop the charges. You will not be able to take it back. The court will proceed WITHOUT YOU. You, of course, can cooperate with your husband’s attorney but the case will not be dropped just because you changed your mind. This is due to the “cycle of violence theory” that has been introduced into the court system in past cases. The court is of the mind that if you are a victim of domestic violence, and you don’t want to press charges, then you must be so fearful of your husband’s retaliation and therefore you need the state to protect you. The fact that you tell them this is not true is not enough to make them drop charges. It is safe to say that once the bell is rung, you can’t unring it.
Protect yourself and your loved ones by understanding the rules that govern domestic violence charges. You don’t want to be charged with a violation of domestic violence laws. If you are, contact an experienced attorney right away.
Note: This article is not a substitute for legal advice. Contact us to get your unique situation evaluated.
