An Introduction to Colorado’s Domestic Violence Statutes
Domestic violence laws in Colorado generally include an understanding that violence can be physical, psychological, or emotional. Physical violence is more apparent in that the victim has evidence of an incident in the form of broken bones, bruises, etc. The type of violence that is less visible is psychological. A victim of psychological violence cannot show a bruise like some of the manifestations of physical violence, however, psychological abuse can be as damaging as physical violence. In some cases it may be more damaging.
In Colorado, a person commits the crime of domestic violence if the person unlawfully and intentionally uses physical force, or the threat of physical force, against a current or former spouse, a co-parent, or a cohabitant.
It is important to note that in Colorado, the mere allegation that domestic violence has occurred is enough to get a protection order against the alleged abuser, and there is no showing of the evidence necessary to make such an order under the Colorado Rules of Evidence. Where a protection order is in effect, whether temporary or permanent, that protection order can have a major impact on the family court’s handling of issues like child custody and parental responsibilities. Simply put, if the abuser is subject to a protection order that restricts his or her access to children, the family court will be likely to make an order that gives significant parenting time only to the safety of the victim and the children.
Although there are many forms of abuse , not every form of abuse is domestic violence as defined by the relevant statutes. For instance, the fact that the two parents are married and one of them is abusive does not mean there is domestic violence, unless the element of unlawful and intentional use of physical force against the other spouse can be shown.
When the abuse has escalated to a point at which the victim is seriously in fear for his or her safety or the safety of the co-parent, the victim should seek a temporary protection order from the appropriate court. After the protection order has been made temporary, the victim should immediately serve the abuser with a copy of the protection order so that all parties are aware of the terms and conditions.
Once a protection order has been issued by the court, it can be modified, but in some cases, it cannot be lifted. Where the protection order is permanent, it can only be lifted if a party shows good cause. In addition, a judge must find that the lifting of the protection order is consistent with the public’s welfare.
Issues at stake between parents in any domestic relations matter are often related to access to children. The fact that the parties are going before a judge on domestic relations matters means that the judge is going to take into consideration whether there has been domestic violence on the part of the co-parent when considering the best interests of the children.
The Criminal Ramifications of Domestic Violence
The Colorado domestic violence statute is broad. It can apply to acts that cause actual bodily harm, threats of imminent bodily injury or simply physical contact that a reasonable person would find sense of being harmful or offensive. Within this wide scope, there are numerous legal consequences for those found guilty of domestic violence. The first legal consequence flows from the fact that any charge of domestic violence in Colorado, no matter how minor, must carry mandatory criminal charges, which include formal criminal charges of third-degree assault, first-degree criminal trespass and unlawful sexual contact. Domestic violence is defined in the statute as "any act, whether or not performed in public or in the presence of witnesses, committed against a person with whom the person charged has or has had a significant relationship and that involves the following questioned[]: 1) the use of any physical force, no matter how slight; or 2) knowing, reckless, or intentional cause or the threatened use of force against another." An additional penalty for domestic violence acts in Colorado is a mandatory requirement that the perpetrator complete a domestic violence offender treatment program. The typical offender programs require 52 weeks of group therapy and may involve additional individual therapy sessions. There are several alternatives in place to attend rehabilitation programs, including electronic monitoring programs, alcohol or drug treatment, lengthy probation periods, fines or even serving a short jail or prison term.
Restraining Orders and Protective Orders and How They Function
Under Colorado law, there are four types of protection orders:
Criminal or Civil Protection Orders
In criminal court, when someone is charged with certain crimes, a protective order is automatically put in place to protect the alleged victim and/or any children listed on the protective order. The alleged abuser can have no contact with the alleged victim or the children, and any contact through a third party is also prohibited while the protective order is in place. If there is an existing custody agreement between the parties, the allegations that brought the protection order must be addressed quickly through a hearing so that the appropriate custody orders can be made to ensure the children’s safety.
A civil protection order may also be granted by the court after a protection order that has been issued in a criminal proceeding. A civil order is typically extended for multiple years beyond the expiration of a criminal protective order, but it must be petitioned for and obtained through a civil court. Typically, if a civil protection order is obtained, the protection order from the criminal court will also be extended for the same period of time.
Temporary Protection Orders
A temporary protection order is ordered by the court when a divorce or family law case has been filed, but a final protection order has not yet been granted. This type of protection order is issued if the court finds good cause to issue the protection order. A temporary protection order will be in effect until a restraining order hearing (typically within 14 days) is held. Like the criminal/civil protection orders, the temporary protection order does not allow the person named in the order to return to the home or have contact with the children, and any other strict provisions included in the protection order must be followed until the final restraining order hearing is held.
Protection Orders in Child Welfare Cases
If child welfare agencies are involved with a family, either through a report of suspected child abuse or neglect or through a petition filed by the child welfare agency, a protection order may be put in place. This is called a "mandatory restraint." In these cases, a judicial officer has the authority to issue a protection order on their own and without the necessity of a hearing. When a child welfare agency obtains a protection order in order to protect a child that has been removed from the home, the only information that is required to be included in the order is a restriction on access to the child and to any siblings of the child. The judicial officer may also include other restrictions on access to the home, communication with the other parent and visitation with the child, but those restriction are at the discretion of the judicial officer. A child welfare protection order is essentially a restraining order, but is slightly less stringent than a temporary protection order in a divorce or family case. If a parent wishes to have restrictions placed on the child welfare protective order, they must file a motion with the court and prove that the continuance is necessary for the safety of the child. The court will hold a hearing on the motion and make a determination at that hearing.
How Law Enforcement Officers and Courts Handle Domestic Violence
Domestic violence is taken seriously by law enforcement and the courts in Colorado. When the police are called out on a report of domestic violence, they will make an arrest if they have probable cause to believe that a crime has been committed. There is no discretion and no exception for intervening in a domestic situation if the police suspect that a crime has been committed.
After an arrest, the matter will be referred to the county court in the location of the alleged crime. The Court will issue a mandatory protection order (MPO) for the alleged victim and others named, automatically prohibiting any contact between the suspect and specified individuals. This order will remain in place until the issued altered by the court at a later hearing. In cases of violence: Homicide, Sexual Assault, Domestic Violence, Violation of a Restraining Order , Violation of a Mandatory Protection Order and all offenses against a child, the victim may have the ability to choose whether or not to file charges, but in cases involving felony charges, the police department will determine if charges will be filed.
The court will schedule a protection order hearing before any other pending criminal proceedings for the alleged offense. The purposes of the hearing is to review the terms of the order, to determine if the protection order should remain in place and to determine if the alleged offense warrants arrest. The alleged offense will be interpreted and analyzed for its appropriateness regarding intent and the safety of the parties involved. Once the original protection order hearing has been held, the court will set future litigation dates for the criminal case to be addressed.
The Resources and Rights Accorded to Domestic Violence Victims
Victims of domestic violence in Colorado have certain rights that may be unfamiliar to those who have not had prior experience navigating the criminal justice system. Fundamental to these rights is the right to apply for and receive a protection order, which limits the defendant’s ability to interact with the victim and, in some cases, their children as well.
Obtaining a protection order is a civil matter and does not have any effect on related criminal matters. Even though there is no statute of limitations in Colorado as far as applying for a protection order, there are benefits to filing sooner rather than later.
The Colorado Crime Victim Rights Act affords victims of domestic violence some other key protections as well. These include:
Not all local shelters are related to domestic violence situations, but women’s shelters are a common option, and some may even provide legal advice on how to navigate domestic violence charges.
In addition to shelter facilities run by rape crisis centers or local nonprofit organizations, there are also Colorado police departments that operate their own domestic violence shelters. The Denver Police, for example, runs a 24-hour, 7-day-a-week shelter for individuals seeking emergency assistance in getting out of abusive situations. How long the individual can stay at this location depends on the severity of the situation and the needs of the person seeking shelter.
Fighting Domestic Violence Allegations
Given the potential consequences of a domestic violence charge, it is critical that you immediately seek legal counsel, before entering any plea of guilt or no contest in court. Your attorney can help establish your credibility on both the witness stand and within the court system , putting forth a defense that is as persuasive as possible to ensure your situation resolves as favorably as possible. Common defenses against domestic violence allegations include: Your rights under the law are being threatened the moment an allegation has been made against you. The best way to ensure your rights are protected for the duration of the time you are involved in the court system is to hire an experienced domestic violence lawyer who understands what will be necessary to achieve a favorable resolution for your case.