Overview of Domestic Violence Law in Colorado
Colorado domestic violence laws define domestic violence as any act or threatened act of violence against a person with whom the offender is or has been involved in an intimate relationship. This definition also encompasses any other crime against a person or property, including harm to an animal, or any municipal ordinance violation when these actions are used as a method to coerce, control, punish, intimidate, or seek revenge against a person in an intimate relationship with the actor
The law recognizes a broad spectrum of abuses that extend beyond physical harm, such as child abuse, sexual abuse, financial abuse, emotional harm, and abuses linked to technology like stalking and harassment. This wide range of abusive behaviors is often referred to as domestic abuse.
Coercion, emotional distress, and control, along with non-consented touching causing pain or serious bodily injury, all fall under the definition of domestic violence in Colorado. It is important to note that the legal intricacies of domestic violence cases in Colorado necessitate the involvement of a seasoned Colorado criminal defense attorney.
Intimate Relationships
An “intimate relationship” includes relationships between spouses, former spouses, past or present unmarried couples, or persons who are both parents of the same child, irrespective of whether they have been married or have lived together at any time.
Intimate partner abuse is not confined to a single form of violence. It encapsulates different kinds of abusive behaviors that occur within intimate relationships. Whether it’s a sexual act committed without consent or emotional abuse, the law takes all into account when defining intimate partner abuse.
Types of Domestic Violence Offenses
- Assault: This includes not only physical attacks but also the credible threat of bodily harm against a partner, with varying degrees of severity defined under state law, ranging from simple assault to more serious aggravated assault.
- Strangulation: Recognized as a particularly dangerous form of domestic violence, strangulation involves impeding someone’s ability to breathe and is treated with significant gravity by the legal system due to its potential to cause severe injury or death.
- Stalking: This involves repeated, unwanted, and intrusive behaviors that create fear or safety concerns for the victim. Stalking can include following someone, showing up uninvited at their home or workplace, and repeatedly contacting them against their wishes.
- Harassment: This can encompass a wide array of behaviors including threatening, annoying, or alarming someone through direct communication or indirect actions, often persistently over time.
- Sexual Assault: This includes any non-consensual sexual act or behavior committed by a perpetrator against a victim. Within the context of domestic violence, sexual assault often involves a current or former intimate partner.
Additional Considerations:
- Economic Abuse: This form of abuse involves controlling a person’s ability to acquire, use, or maintain financial resources. Perpetrators may steal or withhold money, ruin credit, or prohibit access to employment.
- Psychological Abuse: This can involve threats, intimidation, isolation, and other tactics designed to instill fear or dependency in the victim. Psychological abuse often precedes or accompanies physical violence in domestic situations.
- Cyber Abuse: With the rise of digital technology, domestic abuse can also extend into the cyber realm, including behaviors like online harassment, the use of GPS to track someone’s movements or the non-consensual distribution of private images.
Colorado law also considers certain non-violent crimes as domestic violence offenses when they occur within the context of an intimate or familial relationship. These include trespassing or violating a protection order, actions that, while not physically violent, significantly impact the safety and autonomy of the victim.
Consequences of Domestic Violence Convictions
Legal Penalties
- Misdemeanor Domestic Violence
- Third-degree assault (C.R.S. 18-3-204): Up to 18 months in jail and/or up to $5,000 in fines.
- Violation of a Protection Order (C.R.S. 18-6-803.5): The first offense can be a class 2 misdemeanor, leading to up to 120 days in jail and/or up to $750 in fines.
- Felony Domestic Violence
- Second-degree assault (C.R.S. 18-3-203): Class 4 felony, punishable by 2 to 6 years in prison and/or fines from $2,000 to $500,000.
- First-degree assault (C.R.S. 18-3-202): Class 3 felony, punishable by 4 to 12 years in prison and/or fines from $3,000 to $750,000.
- Habitual Domestic Violence Offender
- If convicted three times of certain domestic violence offenses, the offender can face enhanced penalties which might include longer sentences and higher fines based on the habitual nature of their crimes.
Long-Term Consequences
These convictions don’t just carry immediate penalties, they can have devastating long-term effects too, such as:
- Employment Impact: Challenges in obtaining certain jobs, especially those requiring background checks or involving public trust.
- Housing and Social Implications: Difficulties in securing housing; significant social stigma may affect personal and community relationships.
- Immigration Consequences: Risks include potential deportation or denial of naturalization, especially for crimes considered aggravated felonies or moral turpitude under U.S. immigration law.
Mandatory Arrests and Protection Orders
To protect victims of domestic violence, Colorado law enforces mandatory arrest in certain circumstances when there is probable cause to suspect abuse. Alongside this, a mandatory protection order is issued when a person is charged with domestic violence. This order requires the accused to avoid the accuser and abstain from alcohol.
Both the accused and the alleged victim in a Colorado domestic violence case have the right to request the court to drop or modify the protection order. However, there are certain restrictions that come with the order:
- Possession of firearms is prohibited during the duration of the order.
- If the person is convicted, the protection order may be extended.
- The individual is required to complete a domestic violence treatment program.
Revocation of Gun Rights
Felony domestic violence convictions in Colorado lead to a permanent revocation of gun rights. Even misdemeanor convictions involving force or threats of force can result in the loss of gun rights.
There is, however, a glimmer of hope for those who have lost their gun rights due to a domestic violence conviction. They may be able to reclaim them through a Governor’s Pardon. However, convictions for non-violent misdemeanors may allow individuals to retain their gun rights.
Immigration Implications
For immigrants, domestic violence convictions in the United States can have serious immigration consequences. They may result in the removal of permanent resident status and potential deportation. Crimes involving abuse or threats of abuse towards spouses, ex-spouses, co-parents, live-in partners, or individuals protected under domestic violence laws can influence immigration status.
Crimes of moral turpitude, which include some domestic violence offenses, can disqualify an individual from obtaining a U.S. green card or citizenship. A domestic violence conviction may be categorized as an aggravated felony or crime involving moral turpitude, leading to denial of U.S. citizenship applications or deportation.
Legal Defenses Against Domestic Violence Charges
While the consequences of domestic violence convictions are indeed severe, there are legal defenses available. A common defense strategy against domestic violence charges in Colorado includes disputing the underlying charge by arguing self-defense, accident, or false accusations. When the underlying charge is dismissed or there is insufficient evidence to support the accusation, the domestic violence enhancement may be dropped.
In cases where a domestic violence enhancement has been applied, presenting evidence that there was no intimate relationship between the parties involved can be a key defense strategy.
Hiring a Criminal Defense Attorney
Defending someone with a domestic violence charge in Colorado requires a deep understanding of both the law and the Colorado court system. A Colorado criminal defense attorney can assist in defending against domestic violence charges, helping to fight false allegations and safeguarding the accused’s rights and reputation. The attorneys at The Moorhead Law Group can help in the following ways.
Strategic Defense: An adept attorney will scrutinize the details of the accusation, from the validity of the alleged victim’s claims to the lawfulness of law enforcement procedures. They will construct a defense that may include challenging the evidence, arguing for self-defense, or demonstrating the absence of an intimate relationship, depending on the circumstances.
Guidance and Representation: The right attorney guides you through every stage of the case, from initial police questioning to court appearances and trial, if necessary. They play an essential role in plea negotiations and can often negotiate terms that favor rehabilitation and reduced penalties rather than maximum sentences.
Protection of Rights and Reputation: Your attorney’s job is to protect not only your legal rights but also your personal and professional reputation. They manage the narrative in court and in negotiation settings, aiming to mitigate the impacts of the charges on your future.
Access to Resources: Experienced defense attorneys have access to a network of professionals such as private investigators, forensic experts, and social workers, whose expertise can be pivotal in building a strong defense.
Choosing to hire a criminal defense attorney is a decision that can significantly affect the outcome of your case. The Moorhead Law Group understands the intricacies of domestic violence law but also respects the sensitivity of the charges and will communicate transparently about your legal options. We have a long-standing relationship with the Colorado courts and have practiced in Colorado for more than 35+ years.
Sealing Domestic Violence Convictions in Colorado
Colorado law provides opportunities to seal domestic violence convictions, allowing individuals to move forward without the burden of a permanent record, although eligibility depends on the specific court and nature of the offense. If domestic violence charges are dismissed or not filed within a year of the arrest, the records are automatically sealed.
After obtaining a court order to seal records, individuals must distribute copies of the order to all relevant agencies, including the police department, the Colorado Bureau of Investigation (CBI), and law enforcement officers.
Municipal Court vs. Non-Municipal Court Convictions
The process of sealing records can be more complex in municipal courts compared to non-municipal courts due to varying local rules and the absence of a consistent statewide policy. On the other hand, the process in non-municipal courts is governed by state law, which provides a structured framework for petitioning for sealing.
Certain domestic violence convictions may be eligible for sealing after a statutorily defined period, given that other conditions are also satisfied. Municipal conviction records can be more difficult to seal, however, as each municipality may have its own set of rules and regulations governing the process.
Steps to Seal a Dismissed Case
To seal a dismissed domestic violence case in Colorado, an individual must follow these steps:
- Obtain Criminal History Records: First, request your criminal history records from the Colorado Bureau of Investigation (CBI). These records are necessary to ensure all information is correct before moving forward with sealing.
- File the Sealing Petition: Complete and submit the required form to the court that handled your case. The specific form used typically depends on the details of your record.
- Pay the Filing Fee: A filing fee of $65 is required with the submission of your petition.
After submitting your petition, there will be a waiting period during which the court will review your case. The court may grant the petition, or it may schedule a hearing to further discuss the details. The length of this period can vary based on the court’s schedule.
Support and Resources for Domestic Violence Victims
National and Statewide Hotlines
The National Domestic Violence Hotline offers immediate assistance and continuous 24/7 support for victims at 1-800-799-7233, including information on domestic violence shelters, physical and mental health, and other support resources.
Colorado-Based Organizations
Locally, the Colorado Department of Human Services’ Domestic Violence Program provides substantial support. It allocates approximately $3 million to community-based domestic violence advocacy programs throughout the state. CDHS DVP services are inclusive, ensuring all domestic violence survivors have access to support regardless of income, identity, or background.
Survivors can easily locate advocacy services through the Colorado Domestic Violence Services Map, which gives a comprehensive overview of the resources available to them.
Domestic Violence Defense: The Moorhead Law Group
Colorado domestic violence laws cover a wide spectrum of behaviors classified as domestic violence, each with potential legal repercussions that can significantly impact one’s life and future. Whether you are contending with allegations or seeking to understand your rights and protections under the law, the experienced domestic violence attorneys at The Moorhead Law Group can help you through the ramifications of your specific charges and explore possible defenses and mitigating strategies. Reach out to us today at or by using our contact form.
Frequently Asked Questions
What is considered domestic violence in Colorado?
In Colorado, domestic violence isn’t just physical harm. It also includes behaviors like sexual abuse, emotional manipulation, controlling finances, stalking, and harassment within any form of intimate relationship.
What happens if someone is convicted of domestic violence in Colorado?
If convicted of domestic violence in Colorado, a person could face jail time, pay fines, and experience long-term consequences like difficulty finding jobs or housing. The specific penalties vary based on the severity of the offense and prior criminal history.
How can someone defend against domestic violence charges in Colorado?
Common legal defenses against domestic violence charges in Colorado include proving the act was in self-defense, that the incident was an accident, or that the accusations are false. Another defense may involve showing no intimate relationship existed between the parties involved.
How can someone seal a domestic violence conviction in Colorado?
To seal a domestic violence conviction in Colorado, you must obtain your criminal history, file a specific court form, and pay a $65 fee. The court then reviews the case, which may involve a hearing, before deciding to seal the record.
Can domestic violence charges be dropped in Colorado?
In Colorado, the prosecutor’s office has the authority to drop domestic violence charges, typically when there’s insufficient evidence to proceed with the case. However, this decision is based on legal criteria rather than the victim’s wishes.
Do domestic violence convictions affect immigration status?
Yes, in Colorado, a domestic violence conviction can seriously impact a non-citizen’s immigration status, including potential deportation. These consequences are particularly severe if the offense is considered a crime of moral turpitude or an aggravated felony.
References
https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-6-800-3/
https://law.justia.com/codes/colorado/2022/title-18/article-6/part-8/section-18-6-803-5/
https://cl.cobar.org/features/2021-updates-on-sealing-criminal-records/
Disclaimer: The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. For specific questions about domestic violence law in Colorado, please consult with an attorney. Laws are constantly changing, and this article may not reflect the most recent changes.