A conviction for domestic violence in Colorado carries grave repercussions. Understanding your rights is crucial, and securing the support of a Castle Rock Domestic Violence Defense Lawyer is essential for defending your liberty and safeguarding your reputation.
Domestic violence is not a crime. Rather, it is classification for charging crimes based on the relationship status between the defendant and the victim. While domestic violence is not a crime, it does aggravate the charge and come with some mandatory consequences.
Colorado statute C.R.S. 18-6-800.3 defines “domestic violence” as:
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.
Basically, if you were ever in a relationship with another person and then you commit a crime against that person for the purpose of punishing, controlling, or getting revenge on them, Colorado will most likely charge you with a domestic violence crime.
A prosecutor must prove that you were in an intimate relationship with an alleged victim before she can charge you with a crime of domestic violence. C.R.S. 18-6-800.3 Colorado defines intimate relationship 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.
Two people who have dated are considered to be in an intimate relationship. This can include past boyfriends, girlfriends, or casual sexual partners.
Police officers do not have to arrest anyone accused of domestic violence. Colorado provides police officers with discretion to investigate claims of domestic violence and come to their own determinations regarding whether one occurred. Once they investigate and determine that probable cause exists to believe someone committed a crime involving domestic, C.R.S. 18-6-803.6 requires them to make an arrest. The police have no discretion to leave someone in the home if they believe that person committed an act of domestic violence.
The penalties for someone convicted of a domestic violence related crime can be prison, jail, or probation. While domestic violence is not a crime in and of itself, it does act as an enhancer and requires the imposition of heavier penalties.
According to C.R.S. 18-6-801, any person who is convicted of a crime involving domestic violence is required to complete separate domestic violence counseling. This counseling must occur with a counselor who is certified by the “domestic violence offender management board.”
A typical probation sentence for a domestic violence crime will prohibit you from drinking alcohol, smoking marijuana, or using any other non-prescription drugs. Your probation officer can require you to take random drug and alcohol tests.
The domestic violence classification can be added to any level of charge.
With experience in managing hundreds of Domestic Violence cases similar to yours, at High Plains Lawyers we possess the essential skills to reveal the truth at trial, safeguarding your criminal record, reputation, and freedom. Our backgrounds equip us to navigate these complex legal waters effectively, ensuring your best interests are always at the forefront. Contact a Castle Rock Domestic Violence Defense Lawyer today.
