Domestic Violence (DV) is broadly defined across the state of Colorado and doesn’t even actually require any act of “violence”. While DV generally means “an act or threatened act of violence upon a person with whom the actor has been in an intimate relationship,” it also applies to “any other crime against a person, property, or animal against a person with whom the actor has been involved in an intimate relationship.” C.R.S. 18-6-800.3. In Boulder, Broomfield and Adams County, the practical affect is that if you are alleged to have committed a crime against a spouse, former spouse, or couple, then that crime will qualify as domestic violence.
Example of Domestic Violence in Denver
A recent case involved a student and his girlfriend that broke up. She had some of his property, including text books, at her home and refused to give them back to him. He entered her residence to retrieve his property and she told him to leave. He was charged with felony first degree criminal trespass, a class 5 felony, for entering her home unlawfully. His case also had a DV factual basis. This is just one example of how this statute is misapplied in Denver, Jefferson and Douglas County to situations that don’t deal with our traditional understanding of domestic violence being used as a source of power and control for one partner over the other. Nowadays, any and every alleged criminal act can constitute domestic violence if you ever had a relationship with your accuser.
Domestic Violence Probation
A domestic violence factual basis will require a more extensive kind of probation than would otherwise be required. Specifically, the defendant will be ordered to complete a treatment evaluation and treatment program. This treatment program can consist of requiring that the defendant take a battery of classes as part of their probation and pay the exorbitant fees associated with such classes. C.R.S. 18-6-801. Additionally, a DV conviction in Arapahoe and Larimer County will permanently disqualify the defendant from being able to legally own a firearm as that person will be subject to the Brady Handgun Act. Finally, there is a special enhancer that allows the Court to sentence the defendant to increased penalties if the defendant has had several convictions involving domestic violence, resulting in an habitual DV designation.
If you are subject to a charge where the allegation involves a claim of domestic violence, the attorneys at the O’Malley Law Office can help. We are experienced attorneys who devote ourselves solely to the practice of criminal defense. So, be smart, and consult with an attorney. Call us today at 303-731-0719. Together, we can protect your future.