In Colorado, domestic violence is “an act or threatened act of violence” between people in an intimate relationship.”  Domestic violence (DV) is not treated as an independent crime but rather as a sentencing enhancement or aggravator.

Example: Ben is arrested for assaulting his girlfriend. Since this is a domestic violence situation, the judge will issue a restraining order against Ben. Then if Ben gets convicted, the judge will order domestic violence counseling and may extend the protection order. This is in addition to the typical assault penalties of fines and jail time.

Here are four key things to know:

1. When you are charged with DV, the court issues a protection order for you to stay away from the victim.
2. Colorado is a mandatory arrest state, so police must arrest you if they have probable cause to believe you committed DV.
3. Prosecutors still bring DV charges even if the alleged victim recants or does not want to press charges.
4. DV cases only involve people who were or are in intimate relationships, as the following bubble graph shows.

Common DV Charges in Colorado

Ten crimes that commonly include the domestic violence enhancement are:

1. Assault – unlawful and unwanted touching (such as strangling, pushing, punching, shoving, kicking, or throwing objects at)
2. Stalking – credible threats and repeated behaviors that cause emotional distress
3. Harassment – repeatedly annoying someone in person or online (“cyber-bullying”)
4. Child abuse – any type of harm to a child under 18
5. Sexual contact – unwanted groping
6. Menacing – using threats (“psychological abuse”) to create fear of injury or death
7. False imprisonment – unlawful and non-consensual detention
8. Elder abuse – any type of harm to people 70 or over
9. Sexual assault – non-consensual penetrative sex (such as physically forcing sex, non-consensual rough sex, or sex while the victim is unconscious, drunk, or asleep)
10. Violating a restraining order (CRS 18-6-803.5) – an “adverse party” making contact with a “protected person”

However, the domestic violence case enhancement can apply to any criminal charge or municipal ordinance violation. This includes:

• Crimes against pets like animal cruelty;
• Financial crimes like check fraud or credit card fraud (“economic abuse”); or
• Crimes against property like trespass or vandalism.

Example: Jeff bashes his ex-boyfriend’s Rex’s car windows. Jeff could then face charges for criminal mischief (CRS 18-4-501) for damaging the car because that counts as abusive behavior in Colorado. Since Rex and Jeff used to date, the prosecutor would also bring a domestic violence crime enhancement against Jeff for being an abusive partner. It does not matter that they are no longer together or that their abusive relationship did not involve bodily violence.¹

Is Colorado a mandatory arrest state?

Yes. When Colorado police receive a DV report, they must automatically arrest you if they have probable cause to believe you committed a crime for the purpose of:

1. revenge,
2. control,
3. coercion,
4. intimidation, or
5. punishment.

Since these concepts are so vague, police usually make an arrest in every DV case reported to them. Unsurprisingly, many of these cases end up being based on false allegations.²

Protection Orders

A DV charge triggers a mandatory protection order requiring you to avoid the accuser and abstain from alcohol. In our experience, many ex-spouses or ex-partners make false DV reports solely to get a protection order (also called a “restraining order”).

Whether the protection order is based on false allegations or not, you have to abide by it. Violating a protective order in a criminal case is a class 1 misdemeanor with a first-time offense carrying:

• up to 364 days in jail, and/or
• up to $1,000.³

If your protection order forbids you from going home or seeing your children, the most important thing is to abide by the order. Even if the alleged victim allows you in the house to see the kids, you could still be convicted of violating the restraining order.

How long do they last?

DV mandatory protection orders can last all the way from your arrest up through the end of your sentence (if you are convicted). You are always free to ask the court to drop the order or to change the terms. The alleged victim can ask the court to drop or amend the protection order as well.

In the meantime, you or your attorney can request that the local city or county police station grant you a “civil standby” (a.k.a. “civil assist”) where a police officer accompanies you into your home for 15-to-30 minutes while you retrieve essential personal items. You will not be allowed to take property that the accuser disputes is yours.

Are DV cases fast-tracked?

Yes. Domestic violence cases in Colorado are fast-tracked. This means that:

• the police fill out an incident report the same day as the arrest, and
• you enter an initial plea during the first court hearing.

In non-DV cases, it is not unusual for several weeks to elapse between the arrest and the arraignment. The purpose of fast-tracking DV cases is to protect victims and to get you into counseling as soon as possible.⁴

Penalties for a DV Conviction

Since DV is an enhancement, the punishment depends on the underlying charge. However, in most misdemeanor cases, you may be eligible for probation in lieu of incarceration.

In addition, the judge may order that you be evaluated and complete a domestic violence treatment program. The judge may also extend the restraining order.

Repeat Offenders

A fourth conviction involving DV labels you as a “habitual domestic violence offender.” This is a class 5 felony, carrying:

• 1 to 3 years in Colorado State Prison (with mandatory 2-year parole), and/or
• a fine of $1,000 to $100,000⁵

This sentence is in addition to the one for the underlying crime.

Non-Criminal Penalties

A DV conviction can have significant consequences beyond the penalties for the crime itself. It can affect your:

• job opportunities,
• professional license,⁶
• child custody/parental rights,
• ability to get housing and loans, and/or
• military status (if applicable).

There are many types of abuse including sexual violence, economic abuse and psychological abuse. All abuse can harm the victim’s self-worth and self-esteem.

Intimate Relationships

Colorado domestic violence cases only involve people in an intimate relationship. An intimate relationship is based on a romantic attachment or shared parental status, such as:

• a wife or husband, or an ex-wife or ex-husband; or
• a girlfriend or boyfriend, or an ex-girlfriend or ex-boyfriend; or
• a co-parent (“baby daddy” or “baby mama”), including of adopted children.⁷

Roommates, friends, or co-workers do not count as intimate relationships unless they fall under one of the above categories.

Note it is not necessary that the two people live together. A sexual relationship may be an indicator of an intimate relationship, but it is not required.

When the Victim Recants

Law enforcement officers are suspicious of victims who take back their DV allegations. Police assume they have ulterior motives, such as:

• family is pressuring them to recant their story, or
• they want you out of jail so you can earn money and support the family.

Moreover, prosecutors may have independent evidence that DV occurred. For example, the alleged incident may have been captured on video, or there may be credible eyewitnesses willing to testify.

A judge will dismiss a DV case only if the prosecutor claims under oath that insufficient evidence exists to prove guilt beyond a reasonable doubt. So if the victim insists on recanting – and the only evidence of DV is the victim’s initial accusation – it is likely that prosecutors will choose to drop the charges before trial.⁸

Gun Rights

You usually may not possess firearms while there is a restraining order against you in a DV case. Therefore you must surrender your guns to:

• law enforcement,
• a dealer, or
• a private party.

Then if the case gets dismissed and the restraining order lifted, your guns may be returned.

If you are convicted of a felony or a violent misdemeanor, you will lose gun rights permanently. However, if you are convicted of a non-violent misdemeanor, you may be able to keep your gun rights.⁹

Immigration Consequences

Domestic abuse is usually deportable.¹⁰ Therefore, non-citizens facing a DV enhancement should consult an experienced attorney. It may be possible to get the charge

• reduced to a non-removable offense or
• dismissed.

DV enhancements apply to crimes between “intimate partners,” including spouses and significant others.

Record Seals

Domestic violence convictions are not sealable from your criminal record in Colorado unless it is a municipal court case. Municipal court DV-related convictions can typically be sealed three years after the case ends.

Note that any DV-related charge that gets dismissed is sealable immediately no matter what court it was in.¹¹

The record seal process involves the following five steps:

1. Purchase a copy of you criminal history records the Colorado Bureau of Investigation (CBI).
2. Complete the petition to seal (you can get a form copy from the court your case was in).
3. File the complete petition in court and pay the filing fee (usually $65).
4. Wait for the court’s response. The court will usually grant it without a hearing as long as you are eligible for a seal.
5. Mail out copies of the order to seal to all the state agencies in Colorado that maintain your criminal record.

Defense Strategies

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of domestic violence. In our experience, the best way to win a DV case is to fight the underlying charge.

In a DV assault case, for instance, we may argue that:

• It was an act of self-defense;
• The incident was an accident; or
• The alleged victim falsely accused you of domestic abuse

Then if the D.A. drops the assault charge, the DV enhancement automatically disappears.¹²

Civil Lawsuits

If you are accused of domestic violence, the alleged victim can sue you whether or not you are criminally charged or convicted. They can try to seek reimbursement for:

• medical bills (including psychiatric care),
• lost wages, and
• pain and suffering.

The statute of limitations to sue for “acts of domestic violence” is six years. However, this six-year clock is “tolled” (paused) for as long as the victim:

• has a behavioral or mental health disorder, an intellectual and developmental disability, or a traumatic brain injury; and
• is psychologically or emotionally unable to acknowledge the act of domestic violence and the resulting harm that is the basis of the civil action.

In any case, you may not be sued for domestic violence-related damages more than 20 years after the alleged incident.¹³

Resources for DV Victims

Colorado-Based Organizations

• Address Confidentiality Program (ACP) – A program for domestic violence victims to use confidential addresses.
• Center for Community Safety and Resilience – Using research and evidence to drive public policy for thriving people and families.
• Office for Victims of Crime (OVC) – Colorado – The OVC is a government program supporting many programs and services focusing on helping crime victims.
• Renew, Inc. – Intervention and education for victims.
• Violence Free Colorado (Formally Colorado Coalition Against Domestic Violence) – Offers training and policy initiatives throughout the state re. eliminating domestic violence.

National Organizations