In Colorado, domestic violence (DV) is not its own separate crime. Instead, it is a sentencing enhancement that attaches to an underlying crime if the two people involved were in an intimate relationship.
For example, harassment (CRS 18-9-111) is usually a class 2 misdemeanor in Colorado. If the harasser and victim were ever married or dating, then the harasser would still face the same class 2 misdemeanor penalties of up to 120 days in jail and/or up to $750 in fines. But in addition, the judge may also order a DV evaluation and treatment as well as a protection order.1
However, a fourth-time conviction involving DV triggers a separate habitual domestic violence charge. This is its own 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 $100,0002
What is an “intimate relationship”?
An intimate relationship applies to people who are – or were – in a romantic relationship. Examples include:
- A wife, ex-wife, husband, or ex-husband (whether or not the marriage was consummated); or
- A girlfriend, ex-girlfriend, boyfriend, or ex-boyfriend (whether or not they had sex); or
- A co-parent (including of adopted children).
An intimate relationship does not include just close friendships, colleagues, or roommates.3
What are typical DV crimes?
Ten Colorado crimes that are commonly charged with the domestic violence enhancement are:
- Assault (CRS 18-3-202 – 204)
- Harassment (CRS 18-9-111)
- Stalking a.k.a. “Vonnie’s Law” (CRS 18-3-602)
- Child abuse (CRS 18-6-401)
- Elder abuse (CRS 18-6.5-103)
- Sexual contact (CRS 18-3-404)
- Menacing (CRS 18-3-206)
- False imprisonment (CRS 18-3-303)
- Sexual assault (CRS 18-3-402)
- Violating a restraining order (CRS 18-6-803.5)
Note that people can face a domestic violence enhancement for property crimes as well as violent crimes. For instance, setting fire to an ex-boyfriend’s car would be domestic violence arson. Or beating an ex-wife’s dog would be domestic violence animal cruelty (CRS 18-9-202).4
Prosecutors do not drop DV charges just because a victim recants.
What if the victim recants?
If an alleged domestic violence victim takes back their story, the prosecutors will still press charges. This is because prosecutors assume victims are recanting only because:
- Family is pressuring them to recant their accusation; and/or
- The victims prefer that the defendant be out of jail to continue earning money.
However, prosecutors may eventually elect to drop charges if they lack sufficient evidence – such as surveillance video or eyewitness testimony – to prove that domestic violence occurred.
Can I get my record sealed?
Unless the case was in municipal court, DV-related convictions are unsealable in Colorado. They remain on the defendant’s criminal record forever.
Note that if the DV-related case gets dismissed, then the defendant can pursue a record seal immediately – no matter what Colorado court it occurred in.5
Learn about how to get a Colorado criminal record seal.
Accused of violating Colorado domestic violence laws? Our Denver criminal defense attorneys invite you to contact our law firm. We also have law offices in Colorado Springs, Greeley, and Loveland.
Legal References
- CRS 18-9-111.
- CRS 18-6-801(7); see CRS 18-1.3-401(1)(a)(V)(A); CRS 18-1.3-401(1)(a)(III)(A).). See People v. Delfeld (2021) 2021 COA 131.
- CRS 18-6-800.3, People v. Disher, (Colo. 2010) 224 P.3d 254.
- CRS 18-6-800.3. See People v. Smith (Colo. 2018) 416 P.3d 886. See People v. Throssel (2021) 2021 Colo. Discipl. LEXIS 61.
- CRS 24-72-702.
