Domestic Violence / DV is a sentence enhancer that is tacked onto an underlying crime when the defendant is in an intimate relationship with the alleged victim. Often, an “intimate relationship” refers to a couple in a romantic relationship, which then begs several questions. How long should a couple be together to be considered in an “intimate relationship?” Does it matter if they only held hands throughout the duration of the relationship? These kinds of questions don’t often come up at the Weld County Courts in DV cases, but they sometimes do – and they are crucial to consider when a relationship may not qualify as “intimate.” If you have been charged with a crime of Domestic Violence, don’t wait – contact a top criminal defense lawyer with over 3 decades of experience handling DV cases today.
1. What is Domestic Violence, C.R.S. 18-6-800.3, in Greeley?
Domestic Violence, C.R.S. 18-6-800.3, is defined as follows in Greeley:
In other words, DV is added as a sentence enhancer whenever a person commits a crime against someone with whom they were in an intimate relationship.
2. What are “Intimate Relationships” in Fort Lupton and Evans?
In Fort Lupton and Evans, “intimate relationships” are defined under C.R.S. 18-6-800.3 as follows:
In other words, you are considered to be in an intimate relationship with another person if at one point you were married, in a romantic relationship, or co-parented the same child with the other person.
3. What Factors Do the Weld County Courts Consider for Intimate Relationships?
The definition for “intimate relationships” brings up several questions for the Weld County Courts. Does it count if a couple was only together for a week before they broke up? What if they only ever held hands, but never expressed further physical affection? Such considerations were addressed in People v. Disher, 224 P. 3d 254 (Colo. 2010). To determine whether two people were ever in an intimate relationship, the Weld County Courts must consider:
- How long the couple was in the relationship – The longer the relationship, the greater the possibility that the relationship was intimate.
- The “nature or type” of the relationship – Was the relationship romantic? What factors of the relationship demonstrated a romantic or intimate relationship over a platonic relationship? Things like holding hands, referring to each other as romantic partners, etc. are what designate an intimate relationship as such.
- Frequency of interaction – Did the two people only ever message each other once a month, or did they frequently call and see each other?
Important to note that a sexual relationship can indicate whether two people are in an intimate relationship, but it is not necessary.
Have you been charged with a crime of Domestic Violence? Be smart, and exercise your right to stay silent. Then call 970-616-6009 to discuss your case with one of our top criminal defense lawyers from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Photo by Andre Furtado