Colorado Domestic Violence Laws – A Defense Lawyer Explains

In Colorado, domestic violence is defined as “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 (DV) in Colorado is not treated as an independent crime. Rather, DV is a sentencing enhancement or aggravator. It increases the punishment for any offense committed against current or former spouses or dating partners.

Colorado is a mandatory arrest state. This means police must arrest anyone they have probable cause to believe committed domestic violence through either:

1. Intimidation
2. Coercion
3. Control
4. Punishment, or
5. Revenge.

It does not matter if the alleged victim

• recants or
• does not want to press charges.

While DV charges are pending against you, the court will issue a protection order requiring you to stay away from the alleged victim.

1. What are common DV charges in Colorado?

Ten crimes that commonly include the domestic violence enhancement are:

1. Assault (CRS 18-3-202 – 204)
2. Stalking a.k.a. “Vonnie’s Law” (CRS 18-3-602)
3. Harassment (CRS 18-9-111)
4. Child abuse (CRS 18-6-401)
5. Sexual contact (CRS 18-3-404)
6. Menacing (CRS 18-3-206)
7. False imprisonment (CRS 18-3-303)
8. Elder abuse (CRS 18-6.5-103)
9. Sexual assault (CRS 18-3-402)
10. Violating a restraining order (CRS 18-6-803.5)

Though the domestic violence case enhancement can apply to any criminal charge or municipal ordinance violation. Even crimes against pets or property:

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. And 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, and their sexual orientation is irrelevant. It also does not matter that their abusive relationship did not involve physical violence, physical force, or physical injury, or that they used to have a healthy relationship.

If Jeff and Rex in the above example were platonic friends, then the window bashing would not be an act of domestic violence (“intimate partner violence”). Instead, Jeff would just face prosecution for criminal mischief.¹

Note that domestic violence does not always manifest as physical abuse or sexual abuse. There can be

• financial abuse (such as blackmail),
• technological abuse (such as cyber-stalking), and
• verbal or emotional abuse through harassment.

Learn more about the legal definition of domestic violence in Colorado.

2. Will I have a protection order taken out against me?

Yes, a Colorado DV charge always triggers a mandatory protection order. While the order is active, you may not have alcohol and must avoid the accuser.²

Violating a protective order (CRS 18-6-803.5) in a criminal case is a class 1 misdemeanor. The penalty for a first-time offense is:

• Up to 364 days in jail, and/or
• Up to $1,000 in fines.³

2.1. How long will the protection order last? Can I amend it?

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 judge is more likely to comply if:

• you never violated the protection order;
• the D.A. does not object; and/or
• you complete a treatment program

The alleged victim can ask the court to drop/amend the protection order as well.

2.2. How can I go home or see my kids while the DV protection order is active?

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

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.

3. 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 get you counseling and to protect victims from abusive or violent behavior as soon as possible.⁴

4. What are the penalties for a DV conviction?

Since DV is an enhancement, the punishment depends on the underlying charge. Though 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.

Note that 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.

Note that 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)

See our related article, What class of crime is domestic violence in Colorado?

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.

5. How is an intimate relationship defined?

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 children⁷

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

Example: Joe – who has a problem with controlling behavior – places angry phone calls to his ex-girlfriend Betty dozens of times. Here, Joe could face DV harassment charges. Even though they never had sex, the DV enhancement applies because they used to date.

6. Will the DV charge be dismissed if the victim recants?

No. At least, not right away. Law enforcement officers are suspicious of alleged victims who recant their allegations of intimate partner abuse. They assume alleged victims have ulterior motives, such as:

• Family is pressuring them to take back their story; or
• They want you out of jail so you can earn money and support the family

Moreover, prosecutors may have sufficient evidence that DV occurred despite the victim’s protestations. For example, the alleged DV incident may have been captured on video. Or there may be credible eyewitnesses willing to testify.

Courts take DV cases very seriously. 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 – prosecutors may choose to drop the case prior to trial for lack of proof.⁸

7. Will it cause a loss of gun rights?

You usually may not possess firearms while there is a restraining order against you in a DV case. So 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. Though if you are convicted of a non-violent misdemeanor, you may be able to keep your gun rights.⁹

Example: Javier is fighting with his baby’s mother. He leaves angry, name-calling messages on her voicemail accusing her of being a terrible parent. Javier gets convicted of DV harassment as a misdemeanor. Because this harassment involved no force (or threat of force), he should keep his gun rights.

Note that if you lose your gun rights, you may be able to reclaim them through a Governor’s Pardon. Learn more about Colorado gun laws.

8. Will it cause deportation of a non-citizen?

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.

Learn more about the criminal defense of immigrants in Colorado.

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

9. How long does domestic violence stay on my record in Colorado?

The only sealable DV-related convictions in Colorado are municipal court cases. There is a three-year waiting period to seal the criminal record. During that time, you must not have picked up any new cases.

Any DV-related convictions in non-municipal court will remain on your record forever.

Though any DV-related case that gets dismissed is sealable immediately. This includes both

• municipal and
• non-municipal cases.¹¹

Learn about how to get a Colorado criminal record seal.

10. What are common defense strategies?

The best way to win a domestic abuse case is to fight the underlying charge. In a DV assault case for instance, you 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.

To specifically eliminate a DV enhancement under Colorado criminal law, you can show that the accuser was never in an intimate relationship with you. Perhaps the accuser falsely claimed to be involved with you. Or perhaps the police officer wrongly presumed you were together.

Possible evidence that may show there was no intimacy includes:

• Eyewitness accounts;
• Text messages, emails, and voicemails;
• Video recordings; and/or
• Therapist notes

If the prosecution withdraws the domestic abuse enhancement, the court may then withdraw the restraining order. Though the underlying charge will remain.¹²

Note that it is important that you reserve your right to remain silent from the very beginning. Let your attorney do the talking because anything you say will be used against you.

Also note that you should not represent yourself or rely on a public defender who is too overworked to negotiate a good plea deal. An experienced private attorney will put in the time and energy to get you the best result possible – hopefully one that does not result in a DV on your record.

11. Are there resources for victims of DV in Colorado?

Victims of domestic violence offenses can seek help and support by calling the National Domestic Violence Hotline at 1 (800) 799-7233 or text START to 88788. Domestic abuse victims can also find resources at Violence Free Colorado.

Additional resources and information for survivors of domestic violence include:

• Domestic Violence Program – Colorado Department of Health and Human Services
• The Initiative Colorado
• Office for Victims of Crime – Colorado
• Domestic Violence – Department of Justice
• Dating Violence – Department of Justice
• Family Violence – Office of Justice Programs
• Health Care/Medical Care-based Domestic Violence Programs
• National Center on Domestic Violence, Trauma, and Mental Health
• Advocacy – Battered Women’s Justice Program
• Violence Against Women – WHO
• Webinars – Futures Without Violence
• Signs of Abuse – National Coalition Against Domestic Violence
• Create a Safety Plan – National Domestic Violence Hotline
• Resources for Family Members, Friends, and Supporters – Joyful Heart Foundation

Call our Denver domestic violence lawyers for free legal advice.

Call a Colorado criminal defense attorney…

Accused of violating Colorado domestic violence laws? Our Denver criminal defense attorneys invite you to contact us. Just fill out the form on this page or call us at our convenient Denver law offices:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211

We also have law offices in Colorado Springs and Greeley.

See our related article, Does Colorado mandatory reporting apply to domestic violence?

In California? See our article on corporal injury to a spouse or cohabitant (Penal Code 273.5 PC).

In Nevada? See our article on “battery domestic abuse” laws (NRS 200.485).

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Legal References

1. CRS 18-6-800.3 states that “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 … 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.” See, for example, People v. Smith (Colo. 2018) 416 P.3d 886. See, for example, People v. Throssel (2021) 2021 Colo. Discipl. LEXIS 61. See also Shelly Bradbury, Colorado’s domestic violence deaths spiked 44% in 2021, new report finds, Denver Post (January 6, 2023).
   
2. CRS 18-6-803.7; CRS 18-6-801(3). See, for example, People v. Delfeld (2021) 2021 COA 131.
3. See CRS 18-6-803.5. Prior to March 1, 2022, the penalties for class 1 misdemeanors included 6 to 18 months in jail and/or $500 to $5,000 in fines. SB21-271.
4. See, for example, Fast Track Program, District Attorney, 18th Judicial District.
5. CRS 18-6-801(7); see CRS 18-1.3-401(1)(a)(V)(A); CRS 18-1.3-401(1)(a)(III)(A).
6. See, for example, People v. Betterton-Fike, (Office of Presiding Disciplinary Judge of the Supreme Court of Colorado, 2020) 479 P.3d 436.
7. CRS 18-6-800.3, People v. Disher, (Colo. 2010) 224 P.3d 254.
8. See CRS 18-6-801(3).
9. CRS 18-1-1001. See also HB 21-1255.
10. 8 USC 1227 (a)(2)(E)(1).
11. CRS 24-72-702.
12. See also People v. Cooper, (September 26, 2021) 2021 CO 69.