Colorado Domestic Violence Guide

Colorado Law Makers (General Assembly) has determined that domestic violence is a very serious threat to our society.  As such, the laws surrounding criminal allegations involving domestic violence have provided virtually zero discretion for law enforcement.  Basically, if a law enforcement agency receives a report of crime that is domestic violence related, a police officer, deputy sheriff or a law enforcement officer will be dispatched to the location of the call.  If there is any claim of domestic violence, an arrest will be made by the cop.  Although the intent of the Colorado General Assembly is honorable and respectful in that it seeks to protect victims of domestic violence, often a person is charged with a criminal offense when they are innocent.

When a person is arrested or charged with a domestic violence criminal offense, the suspect will not be allowed to post bond until they have appeared before a judge.  Also, in some Colorado jurisdictions, the deputy district attorney / prosecutor will attempt to have the accused enter into a plea agreement immediately, often threatening to add in more charges or threaten to seek jail time if the accused does not accept the plea agreement offered.  The unfortunate result is that a suspect may feel pressured or forced to enter a plea before they have a right to seek the advice of an experienced criminal defense attorney. 

In many cases involving criminal allegations of domestic violence, the defendant may have a valid defense.  An experienced criminal defense attorney will know the various defenses for the criminal charges and may be able to have the case completely dismissed or many of the charges dismissed.  The attorneys at Black, & Graham, LLC Attorneys at Law, are experienced at representing defendants charged with domestic violence criminal charges.  You may contact the law firm and speak with one of the attorneys today at 719-328-1616.

Furthermore, a mandatory restraining order will be issued against the defendant / accused which generally prevent the defendant / accused of having any contact with the alleged victim of domestic violence for at least 7 days.  This mandatory restraining order will prevent the defendant from returning to the family home if that is where the alleged victim resides.  This often displaces the person and prevents them from access to their belongings.  This can have a drastic affect on employment and family / child relations.

Consequences of Domestic Violence

 

A criminal conviction for domestic violence will have a detrimental effect on a person’s life for the remainder of the person's life.   Being convicted of a criminal charge for domestic violence is often much harsher than being convicted of another type of criminal offense.   

Legal Penalties of Domestic Violence

 

If a person is found guilty at trial for a criminal charge or criminal charges related to domestic violence or a person elects to accept a plea agreement, there are several legal consequences that the convicted person will face.

  • Incarceration:  A person could be confined to prison or the county jail for a criminal conviction.  Although prison and jail are not always part of the sentence, the defendant needs to realize that jail or prison are possible consequences of being found guilty at trial or accepting a plea offer from the district attorney.  Because there are so many potential criminal charges associated with domestic violence, and those can range from a low level misdemeanor to high level felony, and also consist of multiple misdemeanors and felonies, the potential jail / prison range is not discussed here.  Please see the portion of this web site that discusses common charges.
  • Probation:  When a person is convicted of or accepts a plea agreement to misdemeanor domestic violence charge and does not have a prior criminal record, the court is likely to grant probation.  However, jail or prison are always possible, a more likely on a second or subsequent misdemeanor charge and also a first time felony conviction.  A lawyer experienced with a domestic violence cases that is able to evaluate the facts of a case can expand on this issue.  When a person is on supervised probation a probation officer is assigned.  The probation officer is there to assist the person is completing the court ordered requirements, helping the defendant to not be in a situation where they get charged with any new criminal offenses and basically keeping an eye on the person through supervision.  The probation officer can generally add in additional reasonable requirements to probation.  There is a monthly fee associated with being on supervised probation.  In some cases unsupervised probation may be granted.  This is a decision that is left to the discretion of the court / judge. The court requirements stay in effect, with the basic difference being that the defendant does not have a probation officer to check in with nor be required to pay the probation supervision fees.  If a defendant fails to complete the requirements of probation, probation can be revoked.  Revocation of probation can result in additional penalties, requirements, and jail or prison.
  • Domestic Violence Counseling: Colorado Revised Statutes 18-6-801 provides that in addition to any sentence that is imposed on the defendant for violation of any criminal law under the Colorado Revised Statutes, Colorado law, with the underlying factual basis include an act of domestic violence as defined in Colorado Revised Statute 18-6-800.3 (1), or any crime against property when such crime is used as a method of coercion, control, punishment, intimidation, or revenge that is directed against a person with who the defendant is or has been involved in an intimate relationship shall be ordered to complete a domestic violence treatment program and a treatment evaluation that conforms with the standards adopted by the domestic violence offender management board.                                                     Basically, when a person is sentenced, or prior to sentencing, the defendant will be required to participate in a domestic violence evaluation and follow the recommendations.  Due to the fact that the person has plead or is anticipating pleading guilty to a criminal charge related to domestic violence, domestic violence treatment will be ordered.  The minimum that is ordered consists of 36 hours of domestic violence treatment, which is usually completed at the rate of 2 hours per week.  In more serious or concerning situations more domestic violence treatment hours can be required.  The defendant is required to pay the costs of the evaluation and treatment, although some treatment providers may reduce cost based on a sliding scale.                                                                                            In addition to a domestic violence evaluation, some cases may require a mental health evaluation or parenting classes if there is an indication or concern of mental issues or children in the home that may be a witness to or involved in a domestic violence allegation.
  •  Anger Management: In some domestic violence cases a person may be ordered to attend and complete anger management as part of their treatment.  However, there is some dispute that participating in anger management and domestic violence cases at the same time can be counterproductive for the defendant.  Many individuals may start anger management classes as a result of being arrested or charged with domestic violence.  However, the defendant should be aware that the criminal court may or may not give credit for this.
  • Substance abuse evaluation and treatment:  In a situation where alcohol or an illicit drug may be a factor that has lead to domestic violence charge or charges, the plea agreement, court order, or probation department may require a substance abuse evaluation.  A court-ordered substance abuse evaluation should determine if, and to what extent a party is using substances, evaluate the defendant’s suitability for drug or alcohol treatment and determine whether drug or alcohol treatment is appropriate. If drug or alcohol   treatment is deemed appropriate, the evaluation should result in a recommendation for drug or alcohol treatment appropriate to the defendant's needs.
  • Restraining order: In any criminal case there is a Mandatory Protection Order that is issued against the defendant.  This should not be confused with Temporary Protection Orders, Permanent Protection Orders, or Permanent Restraining Orders that are requested by an individual seeking protection from another person, which are considered civil protection orders.                                                              Mandatory Protection Orders remain in effect until the case is complete.  This type of restraining order restrains the defendant from harassing, molesting, intimidating, threatening, retaliating against, or tampering with any witness to an alleged crime or to an alleged victim of a crime.                                                                                                                                                                                         Although this Protection Order does not prevent the person from having communication with a alleged victim or witness, it certainly makes it easy for the person to be charged in the event the defendant charged with a domestic violent crime and the alleged victim in a case get into an argument or altercation.
  • Deportation: Many criminal convictions can result in a non-citizen being deported.  Prior to entering into any type of plea the Defendant needs to be aware of being deported.  Although this law firm does not practice immigration law, any lawyer handling a case that involves a non-citizen should consult with a lawyer that is knowledgeable in immigration / deportation laws.

Employment Penalties of Domestic Violence

 

Employment:  A conviction for a criminal offense related to domestic violence may result in loss of the defendant’s job.  The advancement of computer data storage, data gathering, data selling has made it simple and inexpensive to obtain a criminal record on a potential employee for a potential employer.  Many websites can provide a criminal record background check in minutes for a few dollars. 

Many employers will run a criminal background before hiring a person and may run a criminal background check during the course of employment.  When an employer sees a conviction for a criminal charge related to domestic violence, the assumption is that the employee is a violent and dangerous person.  Often this leads to not being offered a job or even being fired from employment after being with the company many years.  Likewise, a conviction for domestic violence may prevent the person from being promoted. 

A plea bargain is generally considered a conviction.  A District Attorney / Prosecutor will often offer a plea bargain to a reduced charge, and / or dismiss some charges in exchange for a plea to one or more charges.  There are also plea bargains that will eventually result in a dismissal of the case.  However, in most circumstances these plea agreements are still considered convictions.    

Military Consequences of a Domestic Violence conviction: A criminal domestic violence conviction is a virtual end to a military career.  A conviction for a misdemeanor criminal charge for domestic violence will prevent a person from carrying a gun / firearm or other type of weapon.  A person convicted of domestic violence will likely be involuntarily discharged or not allowed to reenlist.  Likewise, Under the Department of Defense, Directive 5220.6 a criminal domestic violence conviction will deny a person a security clearance.

Colorado Springs, Colorado and El Paso County are surrounded by military bases, Fort Carson, Peterson Air Force Base, the Air Force Academy, Shriver, and NORAD.  Because a substantial amount of our clients are in the military, it is vital to have a criminal charge or charges for domestic violence dismissed whenever possible.  Our criminal defense attorneys have represented military clients from all of the military     installations in Colorado Springs, Colorado, El Paso County and other Colorado jurisdictions. Our lawyers are a team of seasoned criminal defense specialists with a record of success defending military clients charged with domestic violence offenses.

In addition to not being able to serve in the military with a domestic violence conviction, a person convicted of domestic violence may lose his/her military pension. The Uniformed Services Former Spouses Protection Act (PL 97-252, 1982) allows a state court to divide any pension earned during the period of marriage that overlaps the service period.

Professional Licenses:  A person with a criminal conviction for domestic violence could   have an effect on a person attempting to attain or renew a professional license.  Likewise, a person seeking a financial bond may be denied the bond based on a conviction for domestic violence.   This can be an issue in a profession like an attorney / lawyer, doctor, nurse, stockbroker, bond trader, real estate agent just to name a few.

Professions requiring the use of weapons, guns, firearms, and explosives:  A criminal domestic violence conviction takes away a person’s right to have a gun.  The Second     Amendment to the Constitution to the United States provides the right to bear arms.

Amendment II, Amendment 2, enacted 1791.  “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

However, a conviction for a criminal charge related to domestic violence takes away the right to bear arms.  Under Federal law 18 USC § 922(g)(8 and 9)a person with a conviction for criminal domestic violence charge cannot possess, purchase, acquire, or be in possession of firearms, ammunition, or other dangerous weapons.  A violation of this Federal Statute carries a minimum mandatory sentence of 5 years in prison upon conviction.  A person that works in a profession that requires the use of a weapon,   firearm, gun, explosive or even other dangerous agents with a conviction to domestic  violence could mean the loss of employment.  Therefore, a person that works as a police     officer or other law enforcement position, fireman, some construction positions, truck driving, and other similar careers that require the use of a weapon, firearm, gun,   explosive or even other dangerous agents is likely to lose their job or be denied employment with a criminal conviction for domestic violence.  Unfortunately, many people will plead guilty to a domestic violence charge before they have a chance to get legal advice.

Divorce and Child Custody:  In many situations where a married couple or a couple with a child are involved in a situation where a person is charged with a criminal offense that involves domestic violence, the relationship may end in divorce or separation.  Custody of the children may be taken from the accused and custody awarded to the alleged victim spouse.  Because of these advantages many spouses use domestic violence allegations to gain custody, hide adultery, or otherwise gain an advantage in a divorce situation.

Domestic Violence Charges

 

Under Colorado law, “Domestic Violence” means an act or threatened act of violence upon a person with whom the actor / suspect / defendant 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.
 
Under Colorado law, “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.
 
Because the definition of domestic violence and intimate relationship are so broad, including a crime against a person, property, or animal, by a current or past mate, a person accused of domestic violence could be charged under several criminal charges under Colorado law.  Although not all the possible criminal charges in a domestic violence situation are included, the most common criminal charges that a person may face when the alleged assailant and the alleged victim are in an intimate relationship are:

Domestic Violence - Harassment

 

Under Colorado law, a person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
 
• Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact, or;
• In a public place directs obscene language or makes an obscene gesture to or at another person;
• Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene, or;
• Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
• Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
• Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
 
Harassment is a class 3 misdemeanor.

Domestic Violence - Third Degree Assault

 

Under Colorado law, a person commits the crime of assault in the third degree if:
• The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon.
 
Third degree assault is class 1 misdemeanor.

Domestic Violence - Second Degree Assault

 

Under Colorado law, a person commits the crime of second degree assault if:
• With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
• Recklessly causes serious bodily injury to another person by means of a deadly weapon; or
 
Second degree assault is a class 4 felony.
 

Domestic Violence - Menacing

 

Under Colorado law, a person commits the crime of menacing if by any threat or physical action, he or she knowingly places or attempt to place another in fear of imminent serious bodily injury.  
 
Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or by the suspect representing verbally or otherwise that he or she is armed with a deadly weapon.

Domestic Violence - Criminal Mischief

 

Under Colorado law, a person who knowingly damages the real or personal property of another, including property owned by the person jointly or with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits the crime of criminal mischief.
 
If the value of the property is less than $500 it is a class 2 misdemeanor.
 
If the value of the property is $500 or more, but less than $1000 it is a class 1 misdemeanor.
 
If the value of the property is $1000 but less than $20,000 it is a class 4 felony.
 
If the value of the property is more than $20,000 it is a class 3 felony.

Domestic Violence - Obstruction of Telephone or Telegraph Service

 

Under Colorado law, a person commits obstruction of telephone or telegraph service the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state or any message, communication, or report by or through any telegraph or phone line, wire, cable, or other facility or nay cordless, wireless, electronic, mechanical, or other device.
 
Obstruction of telephone or telegraph service is a class 1 misdemeanor.

Domestic Violence - False Imprisonment

 

Under Colorado law, any person who knowingly confines or detains another without the other’s consent and without proper legal authority (police officer or other law enforcement) commits false imprisonment.
 
False Imprisonment is a generally a class 2 misdemeanor; it is a class 5 felony if the suspect uses force or threat of force to confine or detain the other person and does confine or detain the person for 12 hours or more.

Domestic Violence - Stalking

 

Under Colorado law, a person commits stalking if directly, or indirectly through another person, the person knowingly:
• Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family or someone with whom that person has or has had a continuing relationship; or
• Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that persons immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
• Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional  distress.
 
Stalking is a class 5 felony for a first offense, or a class 4 felony if at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described.
 
Stalking is a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

Domestic Violence - Violation of Protection Order

 

Under Colorado law, a person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court of law enforcement personnel actually knowledge of the contents of a protection order that identifies the person as a restrained person, the person contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal, identified in the protection order or enters or remain on premises or comes within a specified distance of the protected person, protected property, including an animal, or premises or violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and such conduct is prohibited by the protection order; or hires, employs, or otherwise contracts with another person to locate or assist in the location of the protected person.
 
Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this protection order statute or a similar ordinance or if the protection order is issued pursuant to a criminal case, the violation is a class 1 misdemeanor.
 
A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to a modified sentencing range.