Colorado’s Domestic Violence epidemic is not so much a reflection of our state’s level of violence involving intimate partners, as it is the medling of our law makers and the Colorado Supreme Court. As a result, District Attorneys in Denver, Jefferson and Arapahoe County appear to be filing these cases in record numbers.
How DV Cases Originate
Police typically get a call from a woman who has been pushed or had her feelings hurt. Under current Colorado law, when a woman (or man – but police rarely enforce the law against a woman) calls police and reports being pushed, slapped, hit or beaten by a man, police respond and arrest the man for Domestic Violence. In a close majority of these cases, there is no physical evidence of a crime. Police officers, following their male “rescue the female” hormonal instincts, believe everything the woman says and routinely take the man to jail. It does not help that Colorado law greatly favors the arrest – a move by legislators to placate women’s rights activists.
Why we are Seeing More DV Cases Today
There are three reasons we are seeing more Domestic Violence cases today in places like Adams County and Douglas County. Here they are:
1. The definition of Domestic Violence “intimate partners” has changed.
Under a recent Colorado Supreme Court decision, intimate parners no longer requires a prior sexual relationship. Hand holding, kissing, or just spending time with a member of the opposite sex can serve as a foundation to meeting the DV classification.
2. Lobbying by Women’s Rights Groups
Members of the Colorado legislature want to get reelected. So, they try and please every advocacy group. Short cited, they fail to see the fallout from such a practice. This translates into laws like Colorado’s mandatory arrest law, which requires someone to go to jail when a Domestic Violence call is made to police. Also known as the mandator arrest law, this provision in Colorado law has tremendous unintended consequences to men and women. Imagine not being able to show up at work tomorrow and not being able to call your employer to explain why. Imagine being told not to return to your house – even to pick up some clothes (until you can get a civil assist from police). Imagine not being able to see your kids or tell them why you cannot see them.
3. The law is written too broadly. Did you know that any crime involving your dog or cat can be Domestic Violence? If a cop can imagine an argument that you are keeping your pet, a TV or money from a “significant other” for coercion, control, revenge, retalitation, etc., then you can be charged with an underlying crime like harassment – plus Domestic Violence. Others are possible too: Domestic Violence theft, Domestic Violence trespassing or Domestic Violence criminal mischief. Read more about Nonviolent Domestic Violence.
There are many other reasons our state’s citizens are losing by the unintended consequences of our “tough on Domestic Violence” laws. Loosely worded legislation and unnecessary judicial caselaw are just the start. Your best defense against these overreaching policies is to have a savy, experienced Domestic Violence lawyer at your side every step of the way. We are lawyers experienced with hundreds of DV cases and we know how to overcome the unintended consequences of Colorado’s Domestic Violence laws.
To protect your job, family and freedom, NEVER speak to police. They are not your friend, but will pretend to be friendly to get you to incriminate yourself. They will ask you to answer a few questions, write down what you say which is harmful to you, and then arrest you. So, always remain silent and then call our Domestic Violence attorneys at 303-731-0719 at your first opportunity. Together, we can protect your future.