Domestic Violence Classes in Colorado – What if I Don’t Do Them?

Domestic violence counseling and treatment is a standard condition of probation following Colorado criminal convictions involving domestic violence (DV). Defendants who fail to complete their DV treatment – which usually spans 36 weeks – risk having their probation revoked. This means the court can order the defendant to serve out the jail or prison sentence that the court had initially suspended when it granted probation.

Depending on the case, courts may give defendants a second chance to complete their treatment and remain on probation. Courts are more likely to accept excuses that were beyond the defendant’s control, such as if the defendant was sick in the hospital or deployed overseas by the military. But if the defendant can show he/she is genuinely sorry and committed to staying in the program, the judge may agree not to revoke probation and instead add additional non-jail penalties.¹

What are domestic violence treatment classes like in Colorado?

When Colorado courts grant probation to defendants convicted of a crime with a factual finding of domestic violence, the defendants must submit to an evaluation with a treatment provider approved by the state. This evaluation involves the risk assessment tool DVRNA – Domestic Violence Risk and Needs Assessment.

Following the evaluation, defendants sign an offender contract promising to carry out the obligation of their assigned treatment plan. The plan is reviewed every couple of months, and it may be altered depending on the defendant’s progress – or lack thereof. There are three levels of domestic violence treatment.

1. Level A treatment, which is for low-risk offenders who have one or zero DVRNA risk factors. Treatment involves weekly clinical sessions and at least two treatment plan reviews.
2. Level B treatment, which is for moderate-risk offenders who have at least one significant DVRNA risk factor or two-to-four other DVRNA risk factors. Treatment involves weekly clinical sessions plus one monthly session as well as three or more treatment reviews.
3. Level C treatment, which is for high-risk offenders who have at least one critical DVRNA risk factor or at least five other DVNRA risk factors. Treatment involves two weekly group clinical sessions and at least three treatment reviews.

Note that treatment can also include anger management, mental health and substance abuse counseling, if appropriate. Level C treatment offenders could be transferred to Level B treatment, but never to Level A. And Level B treatment offenders could never be transferred to Level A.

Also note that defendants in domestic violence treatment are not allowed to simultaneously participate in couples or marital counseling. This could be counterproductive to domestic violence treatment.

Colorado’s MTT (Multidisciplinary Treatment Team) ultimately determines if the defendant satisfactorily completed treatment and will get a “successful discharge”. The MTT is comprised of:

• The defendant’s probation officer or judge;
• The DV class treatment provider;
• The treatment victim advocate (the liaison between the victim and treatment provider); and
• Any other treatment providers in the case (such as for drug addiction).

Can defendants get their firearms back after finishing domestic violence treatment?

No. Anyone convicted of a domestic violence-related offense – even as a misdemeanor – loses their right to own, possess, or carry a gun. It does not matter if they successfully completed domestic violence treatment.²

People caught with a firearm following a domestic violence-related conviction face felony charges for possession of a weapon by a previous offender (POWPO) under CRS 18-12-108.

Helpful Links

• Domestic Violence Offender Manager Board (DVOMB), Colorado Division of Criminal Justice.
• Court-Approved Treatment Providers, Colorado Division of Criminal Justice
• Multi-Disciplinary Treatment Team, Colorado Division of Criminal Justice
• Stand Up Colorado
• Battered Women’s Justice Project

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Legal References