DOmestic violence in colorado is a sentence enhancer

Domestic violence is defined as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” Domestic violence also includes any other crime against a person, or against property, including an animal, 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. Colorado statute has defined what is domestic violence at C.R.S. 18-6-800.3

What is an intimate relation

An intimate relationship is defined as “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”

The courts have further defined intimate relationship as a romantic relationship as opposed to a purely sexual relationship. While sex can be a component to a intimate relationship, it is not the only consideration.

A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. A religious couple that has never had sex can be considered to be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship. Individuals are often charged as being in an intimate relationship regardless of the actual facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.

Domestic Violence does not require violence

As the definition suggests, you can be charged with an act of domestic violence if you commit a crime against property with the intent to harass, molest, or intimidate someone with whom you've had an intimate relationship.  This could include a variety of crimes.

Criminal mischief is the destruction of someone else's property.   This includes property that is owned by others or jointly owned.  A common form of joint property is marital property.  If you are married and damage property of that jointly owned, you can potentially be charged with criminal mischief.  This type of charge will be handled the same as a violent assault.  It is also important to know that domestic violence is commonly over charged in Colorado, and a defendant can be charged with domestic violence if there is no proof of an intent for domestic violence.

Theft is another common crime that results in domestic violence designation.  When people break-up there is often a distribution of property.  If your partner believes that you are not entitled to possession of the property and reports it, you could be charged with theft.  It could be designated as an act of domestic violence.

As stated above, domestic violence can be tagged to any crime committed for the purpose of intimidation, harassment, control, or retaliation.  This is a question concerning the intent of the defendant in committing the crime.  Unfortunately, law enforcement does not look beyond the simple relationship question.   It is important to speak with a domestic violence attorney if you are facing criminal charges.

Always Get an Aggressive Domestic Violence Attorney in Colorado

 
To determine if a crime qualifies as an act of domestic violence, you must first determine if there is an intimate relationship. An intimate relationship is defined as “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.” The courts have further defined an intimate relationship as a romantic relationship as opposed to purely a sexual relationship. While sex can be a component of an intimate relationship, it is not the only consideration.

A court will look at the length of the relationship, nature of the relationship, and frequency of interaction between the parties to determine if there is an intimate relationship. A religious couple that has never had sex can be in an intimate relationship. Conversely, it can be argued a couple having a one-night stand does not equate to an intimate relationship. Individuals are often charged as being in an intimate relationship regardless of the facts, and a criminal defense attorney can help avoid the seriousness of a domestic violence charge.

Seek a Colorado Domestic Violence Attorney if you are facing charges.