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Domestic Violence – Colorado Treatment and Sentencing

| Apr 17, 2012 | Domestic Violence |

Denver Domestic Violence Defense Attorney

Domestic Violence Sentencing and Treatment in Colorado should not be “one size fits all”. In Denver, Jefferson or Arapahoe County, whether you commit domestic violence by beating your wife with a bat, or by leaving a mean message on your husband’s voice mail, the government says you both are guilty of Domestic Violence, and should be sentenced to the same treatment program. C.R.S. 18-6-800.3 and 18-6-801. No “violence” is necessary.

Jefferson County Domestic Violence Management Board

Colorado has a Domestic Violence Management Board which dictates the treatment protocol all domestic violence perpetrators must follow. Surprisingly, the Board fails to distinguish between the underlying DV crimes like assault, battery and harassment, in Douglas, Adams, Larimer and Weld County. Just like with sex offender treatment through the Sex Offender Management Board, (SOMB), our government’s goal of using standardized treatment to cure every domestic violence problem and create a perfect world, is foolishness.

Domestic Violence Sentence Enhancer in Adams County

As I’ve previously blogged, domestic violence is not a crime in itself, but is an enhancement label attached to crimes involving persons of an intimate relationship. It is applied to any crime, if the crime involves an act of violence, coercion, control, punishment, intimidation or revenge.

Overly Broad Domestic Violence Definition

The problem with this overly broad “domestic violence” definition is that courts are mandated to commit people convicted of any crime involving DV to a minimum 36 week (9 month) Domestic Violence Treatment program. Why does a woman who hides her husband’s keys need to go through this extensive treatment program, with dozens of strict treatment rules designed to prevent true violence, for this nonviolent act? Because the government is willing to “overkill” with treatment, just so they don’t miss any real threats to citizens. This effort for a perfect world his hidden costs like taking parents away from children, thousands of dollars paid to domestic violence treaters unnecessarily, and the loss of earning potential. Did you know that while a person is in the mandated treatment program they are prohibited from participating in marriage counseling by a Board rule? DV treatment destroys more marriages than it saves.

No Discretion for Treatment Options in Arapahoe County

At a minimum, courts should be given the discretion, after an evaluation is performed, to decide whether to sentence a man or woman to domestic violence treatment. We trust judges for other important decisions. Why shouldn’t we give them this discretion? Maybe it is a way to please the anti-marriage women domestic violence special interest groups. Just remember ladies, women can be convicted of DV for nonviolent acts just as easily as men.

If you are contacted by police, exercise your right to remain silent and call us at 303-731-0719. Together, we can protect your future.