Domestic Violence

Domestic Violence

In Colorado, there is no actual charge for domestic violence.  If a party is arrested for a crime and the crime is alleged to have occurred against an intimate partner, in addition to the crime, you will face a sentencing enhancer that the crime was committed was a act of domestic violence.

The definition of domestic violence is any act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.  This may also include any other crime against a person, their property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed at a person with whom the defendant is or has been in an intimidate relationship.

“Intimate partner” is defined as a spouse, former spouse, past or present couple, or parents of the same child.

If you are convicted or sentenced to a crime in which it is alleged the act or acts were domestic violence- you face additional penalties.  These include:

• Completion of a domestic violence evaluation

• Completion of domestic violence treatment for a minimum of 24 weeks

• Continued protection order, restricting you from contact with the other party, consuming alcohol or marijuana, and/or other potential restrictions

• Forfeiture of rights to possess firearm possession.

Not sure what to do next-

Typically, an arrest for a domestic violence related crime will result in at least one night in jail. You will see the judge the next morning and a protection order restricting contact with the other person will issue.

After you or your loved one or friend is released from custody, we recommend contacting an attorney to review your case and offer you potential solutions and defenses to the charges.  You will also be able to learn the process the case will follow to have realistic expectations. It is important to understand that once a case is filed, the state is not likely to drop the charges, even if the other person does not want the case prosecuted.

A domestic violence case is very complex.  We have found that a thorough investigation can change the trajectory of a matter and result in reduction of charges and potentially a dismissal.