Regardless of circumstances, domestic violence is not acceptable. As per Colorado laws, domestic violence refers to any violent act (or even threat of violent act) against someone, who has an intimate relationship with the alleged aggressor. The term ‘intimate relationship’ is important here. For example, spouses share intimate relationships, or when two people are parents together, no matter whether married or not, they will be considered to have had an intimate relationship. In this post, we are sharing more on Colorado’s domestic violence laws.
When someone is accused of domestic violence
In Colorado, arrest is mandatory in cases pertaining to domestic violence. If the law enforcement officer finds evidence or believe that domestic violence has happened, they must arrest the offender right away. After the arrest of the aggressor/alleged offender, a restraining order will be issued, to avoid any sort of contact or communication between the people involved.
Understanding domestic violence conviction in Colorado
In Colorado, domestic violence is not treated as a separate offense. For example, if the court finds that the defendant was guilty and there was domestic violence involved, they will ask the defendant to complete a “domestic violence treatment” program and get an evaluation for the treatment. Crimes that are common included in domestic violence in Colorado includes assault, stalking, child abuse, harassment, sexual harassment, menacing, and elderly abuse. DV is treated like an enhancement in Colorado, as we mentioned. As such, the conviction depends on the underlying charge.
What happens if a protective order is violated?
Protective order violation in Colorado is a criminal offense. It is a class 1 misdemeanor, for which penalty may include 6 to 18 months in jail, and/or up to $5,000 in fine.
Other things to know
If you are a DV defendant, you cannot possess a gun when there is a restraining order in place. It is important to understand how defense works in a case of domestic abuse. Your lawyer will usually defend you for the underlying charge. For instance, if things were hard with your spouse and you have been charged with assault, the lawyer may state that this was done in an act of self-defense. In some cases, lawyers may prove that the incident was accidental.
If you have been accused of domestic violence and arrested subsequently, consider talking to an attorney right away. There are many law firms that are working for plaintiffs and defendants alike, and you can expect them to get a favorable outcome for your domestic violence case.