DOMESTIC VIOLENCE

When a police officer has probable cause to believe a crime of DOMESTIC VIOLENCE has been committed that officer is required by Colorado law to arrest the person or persons involved. DOMESTIC VIOLENCE is a very serious charge that can take many forms: domestic abuse, harassment, stalking, third degree assault, threats of violence, false imprisonment and kidnapping, to name a few.

DOMESTIC VIOLENCE is defined in Colorado Revised Statute 18-6-800.3 as follows:

               (1) "Domestic violence" means 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.

(2) "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.

A DOMESTIC VIOLENCE designation, when attached to any crime, is really used to enhance the sentence of the other crime by requiring the convicted person to participate in 36 weeks of DOMESTIC VIOLENCE treatment at their own expense. A person who has pleaded guilty to a deferred judgment and sentence for a DOMESTIC VIOLENCE related crime must still complete the treatment. And there are no deferred prosecutions in DOMESTIC VIOLENCE cases. A person who is convicted of a crime of DOMESTIC VIOLENCE may not own, possess, or buy a firearm. If you are a hunter, that means no more hunting. If you have a gun for home protection, you must get rid of it. If you are a police officer, you will probably lose your job. You are also prevented from being hired into most public safety positions. And if you are in the military, you could lose your security clearance.

TEMPORARY PROTECTIVE ORDERS/RESTRAINING ORDERS

A victim of DOMESTIC VIOLENCE/ABUSE typically begins by getting a TEMPORARY PROTECTIVE ORDER against the abuser. In this circumstance DOMESTIC VIOLENCE is not limited to acts of violence but often includes financial control, property control or other types of control that make a victim more likely to return to the abuser.

TEMPORARY PROTECTIVE ORDERS are granted by the court to:

               prevent assaults;

prevent domestic abuse;

prevent emotional abuse of the elderly or at-risk adults;

prevent stalking.

A TEMPORARY PROTECTIVE ORDER that, after a hearing, becomes a PERMANENT PROTECTIVE ORDER has the same serious consequences as the ones for a person convicted of DOMESTIC VIOLENCE.