How Does Colorado Define Domestic Violence? What Criteria Do They Use?

Domestic violence in Colorado is defined as an act or threatened act of violence upon a person with whom the actor is involved in an intimate relationship. An intimate relationship is defined as a spouse, former spouse, past and present unmarried couples, people who have a child, or lived together. It doesn’t mean that you have to have intercourse with that person to be intimate.

Domestic violence is not a separate criminal offense in Colorado. For example, a third-degree assault could be considered domestic violence if there is an intimate relationship between the defendant and the alleged victim. The factual basis would trigger domestic violence penalties. Domestic violence could attach to any crime against an individual or crimes against property or an animal.

What Charges Will I Face After Being Arrested For A Domestic Violence Related Offense?

In Colorado, if the police have probable cause to believe a crime of domestic violence occurred, even if it is a minor crime such as a misdemeanor, that individual must be taken into custody and seen by a judge. A bond will not be set until the person appears in front of a judge. A mandatory protection order will also enter at that first appearance.

The specific charges will depend on the specific facts of the case. Domestic violence is a tag based on a factual basis can attach to any crime in Colorado if it’s a crime against a person or property. The most common domestic violence charges are assault, harassment, violation of protection order, and criminal mischief. Even if the other person does not have a visible injury, you may still be charged and arrested for domestic violence. It is very important to remember to affirmatively invoke your rights to remain silent and to an attorney if you are being investigated for a crime. If you voluntarily speak to officers, those statements can be used against you. You have a right not to answer questions, and that silence cannot be used against you. If you are arrested, all jail phone calls are recorded. Do not speak about the facts of your case to anyone but your attorney.

Can I Still Be In Touch With My Children If I Am Facing Domestic Violence Charges In Colorado?

It depends on whether or not your children are listed on the mandatory protection order issued at your first appearance. Generally, your children will not be listed on a protection order unless your children were present during the alleged crime. If your children are listed on the protection order, depending on what that protection order states specifically, you may or may not have direct contact. This gets tricky if you have children with the person you are alleged to have committed the domestic violence offense against. If you have children with that individual, you cannot contact that individual directly or indirectly under the majority of the first restraining orders that are ordered by courts. That would include child related contact unless you get court permission to modify the protection order to have communication with the individual related to children.

Domestic violence cases become even more complicated when you have children with an alleged victim. If you do not already have custody orders in place, you may have a difficult time being able to see your children if you are not allowed to have contact or third-party contact with the alleged victim. The alleged victim may also try to withhold your children from you. In these situations, you may need to file for custody orders in domestic court. It is very important that you speak to an attorney that has knowledge and experience in both areas of law to help navigate the overlapping nature of the cases and adequately protect your rights.

For more information on Domestic Violence Offenses In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (720) 588-3385 today.