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Non-Violent Domestic Violence in Colorado?

| Dec 14, 2013 | Domestic Violence |

Am I the only one who sees the inconsistency with this special interest driven label? Basically said, our legislature is scared of being labeled as tolerant of violence by special interest groups, so they agreed to the extreme terms contained within our Colorado Domestic Violence law.

While DV includes crimes of violence, it also includes “any other crime against a person, or against property, including an animal (what special interest group required this?), or any municipal ordinance violation against a person, or against property, including an animal, 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.” And if this definition is not broad enough to include nearly every living soul on earth, “intimate relationship” no longer means a sexual relationship.

I would not be so incensed with the shortsightedness of our lawmakers, if they had predicted how easy it now is to hamstring someone under this law and other companion laws. Practically speaking, we see men in Arapahoe, Douglas and Phillips County accused by women they break up with, of harassment by phone, refusal to return the dog (theft), and yelling at them (disorderly conduct). In each of these “non-violent” acts, under Colorado law they are placed in the identical position as the man who punches his exlover in the face. As a result, the non-violent man cannot own a gun, may be ordered to stay away from his victim’s work (even though he worked there first), and will be denied a security clearance for his computer based job.

Just to be on the “safe side”, lawmakers have been foolishly imprecise in drafting this law. We need something similar to “dolphin friendly” fishing nets so men who are non-violent are not caught in the domestic violence system. Unfortunately, the lobby of the victim’s rights and women’s rights crowd is powerful and lawmakers are primarily concerned with reelection. I will bravely call this law what it is: sloppy – and so it goes with the Colorado legislators who created it.

We are experienced criminal defense lawyers practicing in Denver, Jefferson and Adams County. Always exercise your right to remain silent when police show up, and call us when you are caught in the domestic violence net: 303-731-0719. Together, we can protect your future.