Charles W. Hamilton Group Photo of Perople at Sawyer Legal Group, LLC
Charles W. Hamilton Group Photo of Perople at Sawyer Legal Group, LLC

Charged With A Crime? It Doesn’t Mean You’re Guilty.

What must a prosecutor prove to convict you of domestic violence?

by | Apr 18, 2022 | Domestic Violence, Domestic violence assault |

Domestic violence is a serious offense, and a conviction on your record can have lasting effects that can impact nearly every aspect of your life. As such, if you have an impending trial for domestic violence, you will likely want to know which elements the prosecutor will be trying to prove in your trial, so that you can prepare a solid defense with your attorney to present in court.

The Intimate Relationship Requirement

What sets domestic violence apart from other types of violence is that the victim is in an intimate relationship with the perpetrator. Thus, the prosecutor will have to prove that the alleged victim in your case is someone who is or was in an intimate relationship with you.

Colorado law limits the term “intimate relationship” to spouses, ex-spouses, unmarried couples, and two people who are the parents of the same child. If your relationship with the alleged victim doesn’t fit into any of these categories, then the prosecutor will have to charge you with a different crime.

The Act of Violence

Contrary to popular belief, an act of domestic violence does not actually have to be physical violence against a victim. There are several types of domestic violence that do not consist of physically beating someone.

For example, merely threatening physical violence can be enough to satisfy the statutory requirements, if the threat was meant to put the victim in apprehension of imminent harm in order to control them. Even harming a different person or animal other than the victim could count, if it is done to punish, control, or intimidate the victim.

As upsetting as it is to consider the possibility of a criminal conviction, remember that you have due process rights. You will have the opportunity to prepare a defense with your attorney and fight the charges and evidence that the prosecutor brings against you.