Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse

By H. Michael Steinberg – Colorado Domestic Violence Criminal Defense Lawyer

Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse – A question asked by very confused persons in Colorado who have been charged with crimes involving the “tag”of domestic violence – is: “Why am I charged with “domestic violence” if there were no acts of actual violence?”

The Difference Between Colorado Domestic Violence And Actual Domestic Abuse Colorado Domestic Violence Cases Are NOT Always “Violent”

In fact – most of the time – they are very, very minor crimes which are charged because of the very broad wording in the law. The person charged with domestic violence cannot understand why their image of those guilty of “domestic violence,” which is one of very bad people physically assaulting defenseless victims, is charged with the same act of domestic violence as the kind of charges brought in their case.

Colorado Domestic Violence Criminal Law – The Difference Between Domestic Violence and Actual Acts Of Domestic Abuse

To answer the question – you must begin with the LEGAL DEFINITION of domestic violence in Colorado.

In Colorado An Act Of Domestic Violence means..

[Type ONE] …. an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.

or,

[Type TWO]…. any other crime against a person or against property or any municipal ordinance violation against a person or against property, 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

Both types require the existence of an intimate relationship, but the similiarities end there.

Intimate Relationship Means C.R.S. § 18-6-800.3(2)

An“intimate relationship” is:

…. 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.”

Colorado Domestic Violence Case Analysis  – Are You Or Have You Been In An Intimate Relationship With The Alleged Victim?

Many of the Colozrado cases interpreting the term intimate relationship point to the main criteria for such a relationship as arising from some kind of sexual relationship. However an intimate relationship for purposes of the Colorado domestic violence statute is much broader than that definition.

The Courts will find an “intimate relationship”, by analyzing:

(1) the length of time the relationship has existed or did exist;

(2) the nature or type of the relationship;

and

(3) the frequency of interaction between the parties.

Type ONE Domestic Violence Crimes: Q – Was There An Act or Threatened Act of Actual Violence?.

Type One acts of domestic violence require an act or a threatened act of actual domestic violence. There is a requirement in this type of domestic violence that there be an ACTUAL act or threatened act of real violence…

Compare this to Type Two acts of domestic violence.

Type TWO Domestic Violence Crimes: Q – Was There An Act Used As A Method of Coercion, Control, Punishment, Intimidation, Or Revenge Directed Against A Person?

Type TWO domestic violence crimes require: an intimate relationship plus the commission nof any crime “used as a method of coercion, control, punishment, intimidation, or revenge”

Type TWO acts of domestic violence greatly expand the nature and type of criminal acts that can be charged as domestic violence. Non violent property crimes such as theft, fraud, trespass, burglary, can ALL be charged as acts of domestic “violence” under type two domestic violence cases.

Common Colorado Domestic Violence Crimes Against Property Of The Alleged Victim and Their Personal Property

The kinds of property crimes most often filed in TYPE ONE COLORADO DOMESTIC VIOLENCE CASES are:

Colorado Misdemeanor and Felony 18-3-402 Sexual Assault Crimes
Colorado Crimes of Harassment 18-9-111and Felony Stalking 18-3-602
Colorado Felony And Misdemeanor Menacing Crimes 18-3-206
Colorado Felony 18-3-202, 18-3-203 And Misdemeanor 18-3-204 Assault Charges

Common Colorado Domestic Violence Crimes Against Property Of The Alleged Victim and Their Personal Property

The kinds of property crimes most often filed in TYPE TWO COLORADO DOMESTIC VIOLENCE CASES are:

Colorado Felony and Misdemeanor Theft Crimes 18-4-401
Colorado Felony And Misdemeanor Criminal Mischief Crimes 18-4-501
Colorado Felony 18-4-503 And Misdemeanor 18-4-503 Criminal Trespass Crimes
Colorado Burglary Crimes 18-4-203
Colorado Crime of False Imprisonment 18-3-303

Colorado Crime of Obstruction Of Telephone asthma Service – Communications 18-9-306.5
Colorado Crime of Violation of a Restraining Order (VOP) 18-6-803.5
Colorado Crime of Disorderly Conduct 18-9-106
Colorado Crime of  False reporting 18-8-111
Colorado Crime of  Wiretapping 18-9-303
Colorado Crime of  Eavesdropping 18-9-304
Colorado Crime of  Child Abuse 18-6-401

The Result Of A Conviction for an Act Of Domestic Violence Primarily Means An Order To Perform DV Treatment – (And Certain Gun Related Restrictions)

Unlike other kinds of incarceration based “sentence enhancements” such as mandatory prison sentences for crimes of violence or the denial of probation based on prior felony convictions, the enhancement for a finding of domestic violence in Colorado means the requirement of domestic violence treatment.

If a Court finds a crime was committed and was “an act of domestic violence” the court MUST order a domestic violence treatment program evaluation and treatment if necessary pursuant to this law.

18-6-801. Domestic violence – sentencing

(1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is 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 shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S.

If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.

(b) The court may order a treatment evaluation to be conducted prior to sentencing if a treatment evaluation would assist the court in determining an appropriate sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S.

The Difference Between Colorado Domestic Violence And Actual Domestic Abuse

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author  – A Denver Colorado Domestic Violence Criminal Defense Lawyer  – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about The Difference Between Colorado Domestic Violence And Actual Domestic Abuse, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  Call now for an immediate free phone consultation.

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Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …The Difference Between Colorado Domestic Violence And Actual Domestic Abuse.?