Domestic Violence – C.R.S. 18-6-800.3 (DV) is charged as an add-on offense in Weld, Morgan and Logan County, Colorado. For example, last year in Colorado a woman was charged with DV and Criminal Mischief – C.R.S. 18-4-501 after she set her boyfriend’s clothes on fire. While this may sound extreme, I know many men and women who would feel perfectly justified tossing their girlfriend or boyfriend’s clothes out of a window, or throwing them in the trash after a bad break up. Doing so is almost regaled as strength and empowerment in our culture. What most people don’t understand is that when it comes to domestic disputes, it is all right to be angry – but it is how you show that anger that can get you into trouble. If someone calls the Greeley, Johnstown or Wellington police, you could be facing devastating consequences.
What is Domestic Violence in Greeley and Weld County?
Domestic Violence is an add-on offense in Weld, Morgan and Larimer County. This means that in order to be charged, you will have to be charged with an underlying offense, such as Harassment – C.R.S. 18-9-111, Assault, – C.R.S. 18-3-204 or Arson – C.R.S. 18-4-104. The DV sentence-enhancer will be attached to any crime committed against someone with whom you have had an “intimate relationship.” If you commit a crime 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.” Unfortunately, the term “intimate relationship” is very vague. It used to include people who have (or have had) a sexual relationship. However, this definition has changed: the Colorado Supreme Court ruled in 2010 that “evidence of a sexual relationship is not necessary to establish the existence of an intimate relationship.” (People vs. Disher, 224 P. 3d, 254 – Colo, 2010). This creates a lot of confusion, and Domestic Violence is now added on to many more offenses throughout Colorado.
What is the Sentence for Domestic Violence?
1. Mandatory Arrest: Whenever police respond to a DV call, they are required by law to make an arrest. They will determine who caused the dispute and arrest the offending person, who will then be booked into jail and will appear before a judge the next day for a bond to be set and a (no contact) protection order to be imposed.
2. Mandatory Domestic Violence Treatment: If you are convicted or plead guilty to DV, you will be required to complete a minimum of 36 week evaluations, classes and treatment for Domestic Violence. This is overseen by the Colorado Domestic Violence Management Board.
3. Limited Freedom: You will lose your right to bear arms if you are convicted of DV. If you enjoy hunting, or if you wish to get a job that required security clearance, you won’t be able to do so.