Colorado Domestic Violence Laws – A Legal Guide

In Colorado, domestic violence is “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) 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. Domestic violence increases the punishment for any offense committed against current or former spouses or dating partners.
2. While DV charges are pending against you, the court will issue a protection order requiring you to stay away from the alleged victim.
3. Colorado is a mandatory arrest state, meaning police must arrest anyone they have probable cause to believe committed domestic violence through intimidation, coercion, control, punishment, or revenge.
4. Prosecutors still bring DV charges even if the alleged victim recants or does not want to press charges.

Common DV Charges in Colorado

Ten crimes that commonly include the domestic violence enhancement are:

1. Assault (CRS 18-3-202 – 204) – unlawful and unwanted touching (such as pushing, punching, shoving, kicking, or throwing objects at)
2. Stalking a.k.a. “Vonnie’s Law” (CRS 18-3-602) – credible threats and repeated behaviors that cause emotional distress
3. Harassment (CRS 18-9-111) – repeatedly annoying or following someone
4. Child abuse (CRS 18-6-401) – any type of harm to a child under 18
5. Sexual contact (CRS 18-3-404) – unwanted groping
6. Menacing (CRS 18-3-206) – using threats to create fear of injury or death
7. False imprisonment (CRS 18-3-303) – unlawful and non-consensual detention
8. Elder abuse (CRS 18-6.5-103) – any type of harm to people 70 or over
9. Sexual assault (CRS 18-3-402) – 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. 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. 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

Note that domestic violence can also manifest as financial abuse, technological abuse, or verbal and emotional abuse.

Oftentimes, domestic violence takes the form of “coercive control,” which America’s Conference to End Coercive Control (ACECC) describes as “a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty and includes, among other things, unreasonably isolating a victim from friends, relatives, or other sources of support.”

Is Colorado a mandatory arrest state?

Yes. When 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

Will I have a protection order taken out against me?

Yes, 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) as a way to punish or restrict the accused.

Whether the protection order is based on false allegations or not, you have to abide by it. 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

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/amend the protection order as well.

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.

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 get you counseling and to protect victims from abusive or violent behavior 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.

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)

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.

What is 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 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.

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.

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 before trial for lack of proof.⁸

Will I lose my guns?

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. However, if you are convicted of a non-violent misdemeanor, you may be able to keep your gun rights.⁹

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

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.

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.

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.¹¹

Common 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, 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. 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

Civil Lawsuits and Statutes of Limitations

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 for an alleged victim to sue you for damages stemming from alleged “acts of domestic violence” is six years. Though 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

In our experience, the longer ago the alleged domestic violence occurred, the harder it is for the accuser to prove their case due to lack of proof. However, simply the act of being sued can be devastating and sully your reputation.

Resources for DV Victims 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.

Colorado-based resources and information for survivors of domestic violence include:

• 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 resources and information for survivors of domestic violence include: