Domestic violence itself is not a standalone crime. Instead, it is a classification applied to certain charges based on the relationship between the defendant and the alleged victim. While it is not a separate offense, domestic violence enhances charges and includes mandatory penalties.
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.
Essentially, if you were in a relationship with someone and committed a crime against them for purposes such as revenge, punishment, or control, you could face a domestic violence charge in Colorado.
To charge someone with a domestic violence-related crime, prosecutors must prove that the parties were in an intimate relationship. According to C.R.S. 18-6-800.3, an intimate relationship is defined as:
A relationship between spouses, former spouses, past or present unmarried couples, or individuals who are parents of the same child, regardless of marital status or whether they ever lived together.
This includes current or former romantic partners, boyfriends, girlfriends, or even casual sexual partners.
Police officers have discretion to investigate domestic violence claims, but once they determine probable cause exists, they are required by law (C.R.S. 18-6-803.6) to make an arrest. If the police believe someone committed an act of domestic violence, they cannot allow that person to remain in the home.
While domestic violence is not a crime by itself, it acts as an enhancer, leading to more severe penalties for related charges.
According to C.R.S. 18-6-801, individuals convicted of a domestic violence-related crime must complete specialized counseling with a counselor certified by the Domestic Violence Offender Management Board.
Probation sentences often come with additional restrictions, such as:
The penalties for domestic violence-related crimes can range from probation to jail or prison, depending on the underlying charge.
The domestic violence classification can apply to charges at any level, whether misdemeanor or felony.
We have extensive experience handling domestic violence cases and understand the complexities of these charges. We are committed to protecting your criminal record, reputation, and freedom by uncovering the truth and building a robust defense.
If you’re facing domestic violence allegations, don’t wait—contact a skilled Lakewood Domestic Violence Defense Lawyer today to discuss your case and start crafting a defense strategy tailored to your situation.
