
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 statute. 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: 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 law, 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 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 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 domestic violence. 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.
Ambreen Taj said
Hi I was a victim of DV… But I don’t want my husband to be charged.
Colin said
If you do not want to get the police involved, I would contact a crisis center and get advice from them. We can only advise you on legal issues. If you do not want to call the police then this is not a legal matter. Good luck.
Evin said
I was charged with domestic violence but the girl and i were only friends & we only had sex once. We both clearly stated we never dated. My lawyer says sex does not constitute an intimate relationship. Esp it only being once. How is it possible they can charge me with DV? Is it possible to get the DV dropped since we were never in any kind of relationship?
Katie said
I was a victim of DV in Maryland. My ex-husband locked me in a room for days, and stomped on my wrist multiple times, breaking 22 bones in my wrist and hand. It took everything I had to press charges. When I was found and attacked in Denver, Colorado, I called the police. I had gotten out of the ICU (where I spent 3.5 months due to a very rare blood infection, and had my entire left pelvic muscle removed due to necrosis and total reconstruction surgery) and was still on a walker, learning how to walk again. I was sleeping at the time of the incident, he grabbed the side of my mattress and flipped me into the bedroom wall. When the police showed, he said I grabbed his shirt and slapped him. We were both arrested. He had been arrested before, and was let go almost immediately. I had to stay overnight, meet a judge for the first time, the state made sure they gave me my blood thinners and antibiotics, I was there for the most horrific 24 hours of my life. I couldn’t walk. I had to be taken to the hospital before I was put in a cell. I was processed because I needed medication. The charges were obviously dropped after an in-person court appearance, my abuser didn’t show. I no longer live in Colorado. How is it possible this can happen? Seriously. Many laws and policies are correct in Colorado. Their DV laws, not so much. I’d rather be thrown into a wall again than spend a night in jail, especially after my walker was taken away and I was arrested in my PJs because I obviously didn’t think I was going to be led out in handcuffs. I left the state in order to protect myself. If the state would let an abuser free before his victim, it’s not a state where I’d like to live. I hope things change, and change soon.
Sissie said
You are right katy. I fight every day to save my baby life and mine but it’s hard because the state won’t protect us. I was assaulted into the courtroom and the DA won’t press charges. If once you hear in the media i was found dead in colorado with my baby please told the world i spend 8 months right now doing my best to save my baby life and mine. Domestic violence victim life doesn’t matter in colorado springs
Luis Llanas said
If I don’t show up to court how can they proceed with out a witness???? That doesn’t make sense, please explain
Megan said
Why is colorado drug testing me even after entering a not gulity plea and no drug/alcohol issues ever on my record?? How are they able to start any kind of action against me with no conviction and a not gulity plea? Isnt this a violation of my rights to due process and innocent until proven gulity?? Or does colorado just think they are above this??
Colin said
Our office has reached out to you via e-mail. Thank you.
TYRONE said
if I was kicked out of my home, 2months after my girlfriend tells me to come back home . than starts to argue with me as I was getting ready to take my 2 boys to school [not her children by blood only mine] grabbing them to keep me from taking them as my ride was on the way to take me to take my boys.i walked to other room to say goodbye to her oldest son,than retuning to the same room my girlfriend was in at the same time my niece walk though the front door ,we both witnessed my girlfriend hitting herself.running next-door to call the cops as I was leaving ,cops arrived to the home to only call me on the phone stating to talk to me as I replied for him to speak with the witness that saw what she had seen than I was willing to speak with the officer. he refused to do so.. 2 months later my ex girlfriend saw me 4 blocks away from where I lived with her and called the cops, I was unaware of her call to them as the police placed me under arrest on private property [store] 2months after the drama . charging me with domestic violence. Colorado law states law enforcement is required to make an arrest within 4hours of responded call of act of domestic violence, as officer had denied to speak with witness we lost contact as I awaited his call should I be charged with domestic violence if not arrested within 4 hours of call,or of that same day ?the courts gave me workrelease with 18 months probation plus classes.then sending me to jail 30days later on a false report of me being out of place, I fought that case and won.i was welcomed back to work release but I instead I choose to finished my time off in the county jail for 3 1\2 months .when released I was told I still had to report to probation which I did and did not finish classes due to time in jail and illness. I am now on probation for 3 years and was not givin the second chance to restart the classes until order to return to court on fail to comply and or probation violation. im asking should I have been charged of DV? please help me understand my rights..thank you..
Colin said
Our office has reached out to you via e-mail. Thank you.
Joy said
I have a few questions about a domestic violence case.
Bryan said
I’m disabled in a wheelchair and I charged with dv we both at a bar went out to smoke weed and we got into a disagreement and she put my wheelchair away from the door so i couldn’t get out of my van and only the passenger door works so I ended up blowing the hood until she came back and attacking me she destroyed my glasses sctrac my face all up she got back out still didn’t return my chair and started to talk some boy and a group when someone who I don’t know started to talk shit threatened to beat me up so I grabbed a bat when this was said he proceeded to the vehicle so I started to hit the ramp in van for him to get away by then Jamie was stopping him from getting in ahe claims I swinging the bat towards her either way I was protecting myself from everyone also Jamie from her attacking just moments before the cops came took pics of my face all bleeding etc I was protecting myself my wife has no Mark’s on her at all why can’t a disabled guy pick up a bat to protect myself from my wife and the mob that was with her I wasn’t even read my rights I wanted a lawyer I stated and they continued to talk my wife is also on record for attacking me last month totalling a vehicle and also in June where I was attached by a boyfriend and Jamie in June I didn’t press charges but didn’t I was told it a felony my wife been really abusive to me I have court 2morrw 12th of August not sure what the charges are for your services but I need help I don’t trust the public defender I’m not a druggie or a drinker and don’t want be screwed by the state like I was at the sence I wish I could get the video footage from the bar and liquor store where it happened it would tell the truth please help if I can afford it I’m on disability and only get 1300$ month please help
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